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Facilitating a Sexual Offence Against a Child

If a person facilitates a sexual offence against a child, that person will be charged with an offence under section 49S of the Crimes Act 1958. This is a serious matter that is dealt with in the County Court.
adult in presence of a child
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

 
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?

 
Maximum penalty and court that deals with this charge

A person found guilty of Indecent Assault (s49S of Crimes Act 1958) may be sentenced to a maximum of 20 years imprisonment.