Have you been charged with Procuring a Sexual Act by Fraud?
If the answer is yes, you will need the services of an experienced criminal lawyer to help you navigate the legislation.
The issue of consent is critical to sexual assault cases. It is crucial to determine in the circumstances whether valid consent was obtained. Similarly, it must be determined the nature of the sexual act.
Questions you and your lawyer will need to consider are:
- Were you aware that the complainant was not, or may not have been, consenting because they were mislead?
- Did you make false or misleading representations that lead to a sexual act that the complainant would not have consented to otherwise?
- Or did you make false or misleading representations that cased the victim to engage in sexual acts with another they would not have had you not made false or misleading statements?
We understand that this level of detail can be embarrassing and uncomfortable to talk about. However, the answers to these questions will be vital to determining whether or not you have a defence, and our experienced lawyers will always strive to put you at ease.
Please read below for more information in relation to this charge or for more information on sex offences generally go here.
The offence
Section 45 of the Crimes Act 1958.
To establish an offence under Section 45 of the Crimes Act 1958 the prosecution must prove:
- The defendant made false or misleading representations; and
- The defendant knew that—
- the representation was false or misleading; or
- the representation was probably false or misleading; and
- As a result of the defendant’s representation, the victim took part in a sexual act with the defendant or another person; and
- The defendants’ actions were intentional.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Procuring Sexual Act by Fraud cases will 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 a specialist criminal lawyer urgently. Don’t delay and leave your preparation to the last minute. Adequate preparation time can be critical in determining the outcome of your proceedings.
If you have been charged with Procuring a Sexual Act by Fraud call us and arrange to see one of our experienced lawyers today.
The legislation
Section 45 Procuring sexual act by fraud
(1) A person (A) commits an offence if—
(a) A makes a false or misleading representation; and
(b) A knows that—
(i) the representation is false or misleading; or
(ii) the representation is probably false or misleading; and
(c) as a result of A’s representation, another person (B) takes part (whether at the time the representation is made or at a later time) in a sexual act with A or another person; and
(d) A intends that, as a result of A’s representation, an outcome mentioned in paragraph (c) will occur.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3) For the purposes of subsection (1), a false or misleading representation may be made by words or conduct (including by omission) and may be explicit or implicit.
Note
See section 35C for the meaning of taking part in a sexual act.
