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Occupier etc. permitting unlawful sexual penetration

Criminal Lawyers Melbourne
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Written by
Cassie Collier
Criminal Defence Lawyer


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Sexual Offences - VIC
The Law - Occupier etc. permitting unlawful sexual penetration

What the Law states - Occupier etc. permitting unlawful sexual penetration


Crimes Act 1958 - SECT 54

Occupier etc. permitting unlawful sexual penetration

54. Occupier etc. permitting unlawful sexual penetration

The owner or occupier of, or a person managing or assisting in the management of, any premises must not induce or knowingly allow a child under the age of 17 to enter or remain on the premises for the purpose of taking part in an unlawful act of sexual penetration.

Maximum Penalty in Victoria


10 years imprisonment if the child is aged between 13 and 17 years

15 years imprisonment if the child is aged under the age of 13

What the Prosecution must prove - Occupier etc. permitting unlawful sexual penetration - Vic


(a) The accused was the owner or occupier of premises or a person managing or assisting in the management of premises.

(b) The accused induced or knowingly allowed a child under the age of 17 to enter or remain on the premises.

(c) The purpose for which the child was on the premises was that of taking part in an act of unlawful sexual penetration.

(d) The accused knew of this purpose.

Possible Defences - Occupier etc. permitting unlawful sexual penetration


(a) Factual dispute.

(b) Honest and reasonable mistake of belief.

(c) Lack of intent.

Which court will hear the charge of Occupier etc. permitting unlawful sexual penetration


Magistrates' Court.

Appeal Occupier etc. permitting unlawful sexual penetration Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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