***Please be aware this section has now been repealed***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 The old section is s52 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.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 Sexual Offences Against Residents of Residential Facilities?
Section 52 of the Crimes Act 1958 establishes two different scenarios in which you may be charged with this offence. Your level of involvement in the commission of the offence will determine which subsection you will be charged under.
The legislation can be complex, and the penalties severe. Consult a specialist criminal lawyer as soon as possible, to give you the best chance of a good outcome should your matter go to court.
See below for further information on Sexual Offences Against Residents of Residential Facilities.
The offence
Section 52 of the Crimes Act 1958.
To establish an offence under Section 52(1) of the Crimes Act 1958 the prosecution must prove:
The defendant was at the relevant time a “worker” at a “residential facility”;
The defendant took part in an act of sexual penetration with a person who was a “resident” of that facility;
The other person was not the spouse or de facto spouse of the accused.
To establish an offence under Section 52(2) of the Crimes Act 1958 the prosecution must prove:
The defendant was a “worker” at a “residential facility”;
The defendant:
committed; or
was party to the commission of an indecent act with another person;
Such other person was at the relevant time a resident of the facility;
Such other person was not the spouse or de facto spouse of the accused.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Sexual Offences Against Residents of Residential Facilities can be heard in the Magistrates’ Court of Victoria but would usually be heard in the County 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 leave your preparation to the last minute – it can be critical in determining the outcome of your proceedings.
If you have been charged with Sexual Offences Against Residents of Residential Facilities make an appointment with one of our experienced lawyers today.
The legislation
52. Sexual offences against residents of residential facilities
A worker at a residential facility must not take part in an act of sexual penetration with a resident of the facility who is not his or her spouse or de facto spouse.
Penalty: Level 5 imprisonment (10 years maximum).
(2) A worker at a residential facility must not commit, or be in any way a party to the commission of, an indecent act with a resident of the facility who is not his or her spouse or de facto spouse.
Penalty: Level 6 imprisonment (5 years maximum).
(3) Consent is not a defence to a charge under this section unless at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or de facto spouse of the resident.
