Sexual Charges

Possible Defences to Sexual Charges

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Abduction or detention 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 or Detention for sex

What the Law states - Abduction or Detention for sex


Crimes Act 1958 - SECT 55

Abduction or detention

55. Abduction or detention

A person must not take away a person by force or detain a person against his
or her will-

(a) with the intention of getting married to, or taking part in an act of
sexual penetration with, that person; or

(b) with the intention that that person should marry, or take part in an
act of sexual penetration with, another person.

Penalty: Level 5 imprisonment (10 years maximum).

Maximum Penalty in Victoria



10 years

What the Prosecution must prove - Abduction or Detention for sex - Vic


(a) The accused took away a person by force or detained a person against his or her will.

(b) The accused had an intention to get married to that other person, to take part in an act of sexual penetration with that person or that that the person should marry or take part in an act of sexual penetration with another person.

Possible Defences - Abduction or Detention for sex


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

 

Which court will hear the charge of Abduction or Detention for sex


County Court.
Appeal Abduction or Detention for sex Charge
Article published on 04/12/2011. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne