Sexual Charges

Possible Defences to Sexual Charges

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Bestiality

Criminal Lawyers Melbourne
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Written by
Bill Doogue
Criminal Defence Lawyer


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Sexual Offences - VIC
The Law - Bestiality

What the Law states - Bestiality


Crimes Act 1958 - SECT 59

Bestiality

59. Bestiality

(1) A person must not commit an act of bestiality.

Penalty: Level 6 imprisonment (5 years maximum).

(2) An act of bestiality is any of the following-

(a) buggery committed by a man on an animal of either sex;

(b) buggery committed by an animal on a man or woman;

(c) penetration of the vagina of an animal by the penis of a man;

(d) penetration of the vagina of a woman by the penis of an animal.

(3) The law relating to buggery is as set out in this Act and no prosecution
shall be instituted for an offence of buggery unless it is for an offence
under this section.

Maximum Penalty in Victoria



5 years

What the Prosecution must prove - Bestiality - Vic


(a) Buggery by the accused on an animal.

(b) Alternatively, buggery by an animal on the accused.

(c) Alternatively, penetration of the vagina of an animal by the penis of the accused.

(d) Alternatively, penetration of the vagina of the accused by the penis of an animal.

Possible Defences - Bestiality


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Mental impairment.


 

 

Which court will hear the charge of Bestiality


Magistrates' Court.
Appeal Bestiality 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