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.
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.
LegislationThe law for this charge can be found on section n 49S of the Crimes Act 1958.
Elements of the offenceIn 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.