Doogue + George

Abduction or Detention for a Sexual Purpose

– section 47 of the Crimes Act

abduction or detention for sex

 

Abduction or Detention for a Sexual Purpose is used when the Police think you’ve forcibly taken someone somewhere while thinking that you, or someone else, will have sex with them.

Examples of Abduction or Detention for a Sexual Purpose
  • A man and woman meet at a party. The man enters a separate room with the woman. The man then prevents the woman from leaving the room with the intention of having sex with her.
  • A man and a woman meet in a bar. The man wants the woman to have sex with a friend of his. With this intention, he takes the woman to his friend’s house against her will.

A client was charged with Abduction or Detention for a Sexual Purpose after he restrained a woman in his car. The woman was then taken to a house where she was raped. The client successfully defended the charge on the basis that he didn’t know the person would be raped.

What are possible defences to a charge of Abduction or Detention for a Sexual Purpose?
  • The other person agreed to have sex.
  • There was no intention to have sex with the other person.
  • The other person wasn’t detained.
  • Someone else forced you to detain the other person.
  • Somebody else abducted the other person.
Questions in cases like this
  • How do they prove your intention to have sex with the other person?
  • How do they prove that the other person didn’t consent to be with you?
  • Did somebody else force you to detain someone?

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Maximum penalty and Court that deals with Abduction or Detention for a Sexual Purpose

The maximum penalty for this charge is level 5 imprisonment (10 years).

This is a strictly indictable charge which means that your case must be heard in the County Court.

“How do they prove the person was abducted?”
What is the legal definition of Abduction or Detention for a Sexual Purpose?

The legal definition of Abduction or Detention for a Sexual Purpose is when a person (A) takes away or detains someone else (B) without (B)’s consent, and (A) knows that:

  • (B) does not consent to being taken away or detained; or
  • (B) probably does not consent to being taken away or detained; and

(A) Intends that

  • (B) will take part in a sexual act with another person; or
  • Another person will marry (B) (whether or not (B) consents to being married).
Legislation

The section that covers this offence is section 47 of the Crimes Act 1958.1

prison penalty sentencing

What can you be sentenced to for this charge?

If you are found guilty of Abduction or Detention for a Sexual Purpose, you will normally be sentenced to gaol.

Other Important Resources

 



[1] Crimes Act 1958 – section 47

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)./span>