***Please be aware this section has now been repealed***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 The old section is s47 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.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 Child Under the Age of 16?
If so, it is essential to engage the services of a specialist Melbourne sex offences lawyer.
Did you commit an indecent act with a child under 16? Are you clear on what constitutes an indecent act? Did you know how old the child was? What was the age gap between you?
There is a defence of consent open to you in certain circumstances, but you will need to discuss this in detail with your lawyer.
Please read below for more information in relation to this charge.
The offence
Section 47 of the Crimes Act 1958.
The prosecution must prove:
The defendant committed an act that right-minded persons would consider to be contrary to community standards of decency;
The defendant committed that act with a child under the age of 16.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years
Where will my case be heard?
Indecent Act with a Child Under the Age of 16 cases can only be heard in the Magistrates’ Court of Victoria with more serious examples of the offence 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?
See an experienced criminal lawyer urgently. Adequate preparation in relation to any criminal law matter is critical. Ensure that you do not delay in obtaining legal advice.
If you have been charged with an Indecent Act with a Child Under the Age of 16 make an appointment to see one of our experienced lawyers today.
The legislation
47. Indecent act with child under the age of 16
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 child under the age of 16 to whom he or she is not married.
Penalty: Level 5 imprisonment (10 years maximum).
Consent is not a defence to a charge under sub-section (1) unless at the time of the alleged offence—
(a) the accused believed on reasonable grounds that the child was aged 16 or older; or
(b) the accused was not more than 2 years older than the child; or
(c) the accused believed on reasonable grounds that he or she was married to the child.
