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Abduction of a child under the age of 16 for sex

Criminal Lawyers Melbourne
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Written by
Bill Doogue
Criminal Defence Lawyer


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Sexual Offences - VIC
The Law - Abduction of a child under the age of 16 for sex

What the Law states - Abduction of a child under the age of 16 for sex


Crimes Act 1958 - SECT 56

Abduction of child under the age of 16

56. Abduction of child under the age of 16
(1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

Penalty: Level 6 imprisonment (5 years maximum).

(2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

Penalty: Level 6 imprisonment (5 years maximum).

Maximum Penalty in Victoria



5 years.

What the Prosecution must prove - Abduction of a child under the age of 16 for sex - Vic


(a) The accused took away a child.

(b) The child was under the age of 16.

(c) The taking was against the will of the person who had lawful charge of the child.

(d) The accused had an intention that the child should take part in an act of sexual penetration.

Possible Defences - Abduction of a child under the age of 16 for sex


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

 

Which court will hear the charge of Abduction of a child under the age of 16 for sex


County Court.
Appeal Abduction of a child under the age of 16 for sex Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne