***Please be aware this section has now been repealed***

This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s49 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.

Have you been charged with the old offence of committing an Indecent Act with a 16 Year Old Child?

There are a number of issues to consider if you have been charged with this offence.

• Did you commit or participate in an indecent act with a 16 year old child?
• Did you act wilfully?
• Did you act indecently (For a greater discussion on what is indecent see)
• Was the child under your care, supervision or authority at the time?

When telling the court how you wish to plead, it is pertinent to consider the issue of consent, which is only a defence to this charge in limited circumstances.

It is important you consult a specialist in criminal law as soon as possible, to discuss the above questions and prepare your case as thoroughly as possible.

For more information on Indecent Act with a 16 Year Old Child, see below.

The offence

Section 49 of the Crimes Act 1958.

The prosecution must prove:

1. The defendant:

   1. Committed an indecent act; or

   2. Was party to the commission of an indecent act;

2. In committing the act or participating in the act the accused acted “wilfully”;

3. The indecent act took place with or in the presence of a 16 year old child;

4. The accused was not at the relevant time married to the child;

5. At the relevant time the child was under the care, supervision or authority of the accused.

The maximum penalty

Level 6 imprisonment being a maximum of 5 years

Where will my case be heard?

Indecent Act with a 16 Year Old Child cases can be heard in the Magistrates’ Court of Victoria with more serious examples being dealt with in the County Court.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Arrange a time to consult with a specialist criminal lawyer. As preparation is critical to the success of any matter, ensure that you prepare appropriately.

If you have been charged with an Indecent Act with a 16 Year Old Child make an appointment to see one of our experienced lawyers today.

The legislation

49. Indecent act with a 16 year old child

1. A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a 16 year old child to whom he or she is not married and who is under his or her care, supervision or authority.

Penalty: Level 6 imprisonment (5 years maximum).

(2) Consent is not a defence to a charge under sub-section (1) unless at the time of the alleged offence the accused believed on reasonable grounds—

(a) that the child was aged 17 or older; or

(b) that he or she was married to the child.