Sexual Penetration of a Sibling or Half-Sibling in Melbourne, Victoria
Sexual penetration of a sibling or a half-sibling is a very serious crime. If you are convicted of this crime then you are facing a maximum custodial sentence significant number of years. You need the advice and representation of a criminal lawyer right away.
Have you been charged with Sexual Penetration of a Sibling or Half-Sibling?
Some questions to discuss with your lawyer are: Did you sexually penetrate your sibling or half-sibling? Did you sexually penetrate someone who you later discovered was your sibling or half-sibling? Did you sexually penetrate or were you sexually penetrated by your sibling or half-sibling without your consent?
If you believe that the penetration took place for a medical or hygienic reason then this can be taken into account while preparing your defence.
If you, the defendant, did not consent then that is a defence to this charge. Just because you participated in sexual penetration intuitionally does not mean you consented – you should examine if you were coerced or threatened into being involved in sexual penetration.
The Offence
The prosecution must prove:
- The defendant intentionally penetrated the alleged victim; or
- The defendant intentionally caused or allowed the alleged victim to penetrate them; and
- The alleged victim is the defendant’s sibling or half-sibling; and
- The defendant knew that the alleged victim was the defendant’s sibling or half-sibling at the time of penetration.
The Maximum Penalty
Level 6 imprisonment being a maximum of 5 years.
Where Will My Case Be Heard?
Sexual Penetration of a Sibling or Half-Sibling cases can only be heard in the County Court of Supreme Court of Victoria.
Questions to Consider
Do you have a defence in relation to the above available exceptions or defences? Did the alleged 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 are now in a position to make a decision that may well affect the rest of your life. Trying to go this alone is a very bad idea, you need help, advice and representation. You need a criminal defence lawyer.
If you have been charged with sexual penetration of a sibling or half-sibling, then you should call us for an appointment today! 03 8644 7320
The Legislation
CRIMES ACT 1958 – SECT 50F
Sexual penetration of a sibling or half‑sibling
(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; and
(b) B is A’s sibling or half-sibling; and
(c) A knows that B is A’s sibling or half‑sibling.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
Notes
1 An exception applies to this offence—see section 50G.
2 A defence applies to this offence—see section 50H.
3 B’s consent is not a defence to this offence—see section 50K.
