Facilitating a Sexual Offence Against a Child is found in section 49S of the Crimes Act 1958 in Victoria. It is committed by a person who was found to have facilitated another person, in any way, so that such person can commit a sexual conduct with a child. Note that for this charge to be proven, it doesn’t matter whether the sexual conduct with the child occurred in or outside Victoria.
Have you been accused of Facilitating a Sexual Offence Against a Child?
Have you been accused of Facilitating a Sexual Offence Against a Child?
Police Interview
The aim of the Police interview is to elicit admissions from you. The Police will question you in different ways to try and have you admit to Facilitating a Sexual Offence Against a Child. You may answer a question you think is innocent or that you are just being truthful, but the answer may be used in a way that you did not intend.It is important that if you are asked to attend a Police interview for a charge as serious as this that you seek legal advice from one of our lawyers first. We can explain the process to you in detail and give you advise on what you should or should not say at the interview based on your circumstances. We can attend with you if you require support.
Pleading Not Guilty
Our lawyers are experienced in dealing with the Court, Prosecution and witnesses. There may be evidence that has been overlooked or other evidence we can uncover that supports a defence to the charge. We will make sure the Police investigation has been fair and that the Police have followed every lead.We have in-house counsel and accredited criminal law specialists who can attend Court and fight the matter for you. They can work with you on your case as soon as you engage us as your lawyers.
Pleading Guilty
There may be significant surrounding circumstances around your offending that can help explain to the Court why you Facilitated a Sexual Offence Against a Child We know what is and is not helpful when making a plea. We will make sure the Court knows about your positive characteristics and your life story, not just the negative impression that the prosecution will advance. Our lawyers can advise you what you are likely to expect as a penalty so you can prepare yourself.Which court will the case be heard in?
This charge is heard in the County Court before a Judge and jury.What is the legal definition of Facilitating a Sexual Offence Against a Child?
A child is defined as a person who is under the age of 18 years of age.Examples of Facilitating a Sexual Offence Against a Child
- Encouraging another person to commit a sexual offence against a child;
- Creating a situation which allows another person to commit a sexual offence against a child.
Legislation
The law for this charge can be found on section n 49S of the Crimes Act 1958.Elements of the offence
In order for this charge to be proven in court, the following elements must be established:- that the accused (A) engaged in a conduct that aids, facilitates or contributes in any way to another person (P) engaging in sexual conduct (whether or not in Victoria) in relation to a child
- that the accused (A) engaged in said conduct with the intention of obtaining a benefit for himself/herself or for another person
- that the accused (A) intended for the conduct to aid, facilitate or contribute in any way to P engaging in sexual conduct in relation to a child
- that the accused knew that the conduct will, or probably will, aid, facilitate or contribute in any way to P engaging in sexual conduct in relation to a child
Defences
If you have been charged with this offence, you may rely on any of the following defences:- Factual dispute
- A sexual offence did not occur
- There is a lack of intention.
Questions in cases like this
- Did you facilitate a sexual offence?
- Did you intend to facilitate a sexual offence against a minor?
- Was the victim a child?
