Sexual penetration of a step-child in Melbourne, Victoria
Sexual penetration of a step-child is a very serious crime and one that carries a long maximum custodial sentence. If you are convicted of sexual penetration of your step child then you are facing jail time. You need to speak with a criminal lawyer immediately.
Have you been charged with sexual penetration of a step-child?
Some questions to discuss with your lawyer are: did sexual penetration occur between you and the alleged victim? What is the relationship between you and the alleged victim? If the alleged victim is over 18, were you ever in a position of care supervision or authority over them when they were under the age of 18? Did you consent to any penetration that may have taken place?
If the step-child is over 18 years of age and no sexual activity has taken place while the child was under the age of 18, and the step child has never been in your care, supervision or authority, then this circumstance provides an exception to the charge, and your lawyer can address this with the prosecution.
If you did not consent to penetration, for example if you took part in penetrating or being penetrated by the alleged victim because you were threatened with harm if you did not, then this is also an exception to the charge and this can be addressed by your lawyer.
If the penetration took place for a medical or hygienic reason, then a defence is available and can be taken into account when preparing your defence.
The Offence
The prosecution must prove:
- That the defendant intentionally sexually penetrated the alleged victim; or
- That the defendant intentionally allowed or caused the alleged victim to sexually penetrate them; and
- The alleged victim was a child or lineal descendant of the defendant’s spouse or domestic partner; and
- The defendant knew that the alleged victim was a child or lineal descendant of the defendant’s spouse or domestic partner.
The Maximum Penalty
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Sexual penetration of a step-child cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence in relation to the available defences mentioned above? Did the sexual penetration occur at all? If you are planning to plead guilty, then what can you do to try to minimize your sentence?
What to do next
The very next step you should take is to contact and secure the services of a sex offence lawyer. An experienced criminal law specialist is the advocate you need to help you what can be a rather complex and difficult charge. You need someone who can understand your circumstances.
If you have been charged with sexual penetration of a step-child then you should call our office today to make an appointment with one of our lawyers. 03 8644 7320
The Legislation
CRIMES ACT 1958 – SECT 50D
Sexual penetration of a step-child
(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 child or lineal descendant of A’s spouse or domestic partner; and
(c) A knows that B is a child or lineal descendant of A’s spouse or domestic partner.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
Notes
1 Exceptions apply to this offence—see sections 50G and 50I.
2 A defence applies to this offence—see section 50H.
3 B’s consent is not a defence to this offence—see section 50K.
Note 4 to s. 50D inserted by No. 65/2016 s. 24(4).
4 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
