***Please be aware this section has now been repealed***
Where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s57 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.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 Procuring Sexual Penetration by Threats or Fraud? Then you will need the services of a specialist in criminal law.
Did you use threats, intimidation or fraudulent means to persuade someone to engage in sexual intercourse?
There must be a real influencing of the person in relation to this charge. If you believe that no real influence was exerted, this may affect how you decide to plead to the Court.
Please read below for more information in relation to this charge.
The offence
Section 57 of the Crimes Act 1958.
To establish an offence under Section 57(1) of the Crimes Act 1958 the prosecution must prove:
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The defendant procured a person to take part in an act of sexual penetration
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The defendant did so by threats or intimidation.
To establish an offence under Section 57(2) of the Crimes Act 1958 the prosecution must prove:
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The defendant procured a person to take part in an act of sexual penetration;
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The defendant did so by fraudulent means.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Procuring Sexual Penetration by Threats or Fraud cases can only be heard in the Magistrates’ Court of Victoria.
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?
Consult an experienced sex offence lawyer urgently. Ensuring your lawyer has enough time to prepare thoroughly for your matter can have an enormous impact on the outcome of your case.
If you have been charged with Procuring Sexual Penetration by Threats or Fraud make an appointment to see one of our experienced lawyers today.
The legislation
57. Procuring sexual penetration by threats or fraud
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A person must not by threats or intimidation procure a person to take part in an act of sexual penetration.
Penalty: Level 5 imprisonment (10 years maximum).
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A person must not by any fraudulent means procure a person to take part in an act of sexual penetration.
Penalty: Level 6 imprisonment (5 years maximum).
