s49C Sexual penetration of a child aged 16 or 17 under care

Sexual penetration of a child aged 16 or 17 under care, supervision or authority?

Sexual penetration of a child aged 16 or 17 under care, supervision or authority? Have you been charged?

Sexual penetration of a child under the age of a child aged 16 or 17 is a serious crime if you are in a position of care, supervision or authority over them. If you are convicted, then you will be given a custodial sentence. You need the representation of a criminal lawyer immediately.

Some questions to discuss with your lawyer are:

• Did you sexually penetrate a child aged 16 or 17 who was under your care, supervision or authority?
• Did you cause them to sexually penetrate you, themselves, another person or be penetrated by another person?
• What is the nature of your relationship with the child?
• What is the nature of the care, supervision or authority over the child and when did this relationship begin?

If you are not more than five years older than the complainant; or were married to the complainant; or you were their domestic partner before you became their carer, supervisor or an authority over them, then these circumstances can be used in your defence.

If you had a reasonable belief the child was 18 years old or more; or that you were not more than 5 years older than the child; or that you were married to the child or in a domestic relationship that began before you were their carer, supervisor or an authority over them then this is also a defence.

Similarly, if you had a reasonable belief that the complainant was not under your care, supervision or authority then you can also use this in your defence.

If penetration took place for a medical or hygienic reason, then a defence is available in limited circumstances and can be taken into account while preparing your defence.

Sexual penetration of a child aged 16 or 17 under care, supervision or authority – The Offence

S 49 C of the Crimes Act 1958

The prosecution must prove:

1. The defendant took part in an act of sexual penetration with the alleged victim;
2. The defendant intended to take part in that act of sexual penetration;
3. The alleged victim was aged 16 or 17 and under your care, supervision or authority at the time the sexual penetration took place.

Sexual penetration of a child aged 16 or 17 under care, supervision or authority – The Maximum Penalty

Level 5 imprisonment being a maximum of 10 years.

Where Will My Case Be Heard

Sexual penetration of a child aged 16 or 17 under care, supervision or authority cases can only be heard in the County Court or Supreme Court of Victoria. 

Questions to Consider

What is the nature of your relationship with the complainant? When did this relationship begin? Were you aware of the real age of the child involved? Are you no more than five years older than the complainant? Did the sexual penetration occur at all? If you are planning to plead guilty, what can you do to try to minimise your sentence?

What to do Next

You need to talk to a professional who has experience in area of law. You don’t want to be disadvantaged by having a lawyer who is unfamiliar with sex offence charges.

If you have been charged with sexual penetration of a child aged 16 or 17 under care, supervision or authority then you should make an appointment to speak with one of our lawyers immediately so that you can get the advice you need as soon as possible. 

The Legislation

Sexual penetration of a child aged 16 or 17 under care, supervision or authority

(1)     A person (A) commits an offence if—

(a)     A intentionally—

(i)     sexually penetrates another person (B); or

(ii)     causes or allows B to sexually penetrate A; or

(iii)     causes B—

(A)     to sexually penetrate themselves; or

(B)     to sexually penetrate another person (C); or

(C)     to be sexually penetrated by C; and

(b)     B is—

(i)     a child aged 16 or 17 years; and

(ii)     under A’s care, supervision or authority.

(2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

Notes

1     Exceptions apply to this offence—see sections 49T and 49Y.

2     Defences apply to this offence—see sections 49X, 49Z and 49ZA.

Have you been charged with a sex offence?

We are experts in the field of sex offences. We only practice in criminal law, so call us today to discuss your case or send us an email and one of our experienced criminal lawyers will get back to you today. 03 8644 7320

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