- Section 45 of the Crimes Act 1958
Procuring a Sexual Act by Fraud is charged where the police think someone has made a false or misleading representation and, as a result of that misrepresentation, another person takes part in a sexual act with another person.
In essence, this offence applies when someone tricks another person into taking part in a sexual act with another person.
Examples of Procuring a Sexual Act by Fraud
Someone (A) pretends to be extraordinarily wealthy and promises to give another person (B) expensive gifts if (B) agree to have sex. The other person (B) agrees and has sex with (A), and then later finds out that (A) has very little money and is incapable of giving (B) gifts.
What are some of the possible defences to Procuring a Sexual Act by Fraud
- There was no misrepresentation.
- The person making the misrepresentation did not intend, as a result of their misrepresentation, that the sexual act would occur.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires and individual approach and strategy.
Questions in cases like this
- Was the representation misleading?
- How can they prove that the person making the misrepresentation intended the sexual act to occur?
Maximum penalty and court that deals this charge
Procuring a Sexual Act by Fraud has a maximum penalty of 5 years imprisonment.
A charge of procuring a sexual act by fraud is always heard in the County Court before a judge and jury.
What is the legal definition of Procuring a Sexual Act by Fraud
The legal definition of Procuring a Sexual Act by Fraud is when somebody (A):
- Makes a false or misleading representation, which they know is or is probably false or misleading; and
- As a result of (A)’s false or misleading representation, another person (B) takes part in a sexual act with another person; and
- (A) intends that, as a result of their false or misleading representation, the sexual act will occur.
The sexual act may occur at the time of the false or misleading representation or at a later time.
A false or misleading representation may be made by words or conduct and may be implicit or explicit.
Legislation
The section that covers this offence is section 45 of the Crimes Act 1958.
Elements of the offence
To be found guilty of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
The Accused (‘A’):
- Makes a false or misleading representation, which they know is or is probably false or misleading; and
- As a result of (A)’s false or misleading representation, another person (B) takes part in a sexual act with another person; and
- (A) intends that, as a result of their false or misleading representation, the sexual act will occur.