Procuring Sexual Penetration By Threats or Fraud

This offence has been removed from the Crimes Act following the introduction of the ‘Procuring Sexual Act By Threat’ and ‘Procuring a Sexual Act By Fraud’ offences. This offence applies prior to 1 July 2017.

If you are found guilty of Procuring Sexual Penetration By Threats or Fraud you generally go to gaol.

The maximum penalty may apply to anyone found guilty of using threats or intimidation to procure (which basically means get) sexual penetration.

There is a maximum penalty of 5 years for anyone found guilty of using fraud to obtain sexual penetration. This is, in essence, by tricking someone into having sex with you.

Obviously the fraud would have to be of a substantial nature and have an effect on the alleged victim as to whether they would have had sex with you.

Threats or intimidation are the sort of factual issues that are often disputed. You can defend any charge if your instructions are that the allegations against you are false or have been made up.

To prove a charge such as this the Prosecution must show that sexual penetration occurred and that there were either threats or intimidation or there was a fraud on the complainant (who is the alleged victim).

Procuring Sexual Penetration By Threats or Fraud is a strictly indictable charge which means that your case must be heard in the County Court. A defence to the charge would be heard in front of a jury.

You should ring us and discuss your case if you have been charged by the Police.

Deciding on whether to plead guilty or not is a decision that needs to be made in consultation with a specialist criminal lawyer.

The section that covers this offence is section 57 of the Crimes Act.

Possible Defences

In a case of Procuring Sexual Penetration By Threats or Fraud, the following defences may be applicable to the charge:

What penalties can be imposed for a charge of Procuring Sexual Penetration By Threats or Fraud?
What is the legislation for the charge of Procuring Sexual Penetration By Threats or Fraud?

The legislation for this offence can be found on section 57 of Crimes Act 1958.

Links to further information about the charge of Procuring Sexual Penetration By Threats or Fraud:

 
This offence has been removed from the Crimes Act following the introduction of the ‘Procuring Sexual Act By Threat’ and ‘Procuring a Sexual Act By Fraud’ offences. This offence applies prior to 1 July 2017.