Occupier etc. Permitting Unlawful Sexual Penetration
Note: This offence no longer exists as at 28 October 2018.
Occupier etc. permitting unlawful sexual penetration is most often seen in the Courts as a brothel related offence. The practical gravity of the offence is in the fact that if the occupier did not let the person under 17 stay on the premises then the act of sexual penetration might not have occurred.
There is maximum penalty of 10 years for anyone found guilty of the offence in relation to a child under the age of 17. There is a 15 year imprisonment if the child is aged under the age of 13.
To establish this charge the Prosecution must establish that the Occupier induced or knowingly allowed a child under the age of 17 to remain or enter on the premises.
Clearly the defence to this charge is also around those same issues. Can the Prosecution show that you induced the child? Or can the Prosecution establish that you were aware of the age of the child? Or that you knew that an act of sexual penetration was going to occur?
You should ring us and discuss your case if you have been charged with this permitting sexual penetration. It is a serious charge and deserves proper attention to whether there is a defence, and if there is no defence proper attention to how to keep the sentence as small as possible.
The section that covers this offence is section 54 of the Crimes Act.
In a case of Occupier etc. permitting unlawful sexual penetration, the following defences may be applicable to the charge:
What penalties can be imposed for a charge of Occupier etc. permitting unlawful sexual penetration?
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Occupier etc. permitting unlawful sexual penetration?
The legislation for this offence can be found on section 54 of Crimes Act 1958.