Procuring Sexual Penetration of a Child
The 2016 amendments renamed this offence to ‘facilitating a sexual offence against a child’. It applies to anyone who engages in conduct that aids, facilitates or contributes in any way to another person (B) engaging in sexual conduct (whether or not in Victoria) in relation to a child.
Procuring sexual penetration of a child is a very serious offence that normally will result in a gaol term if you are found guilty.
The procuring can be of a child under 16 to take part in a indecent act or sexual penetration. Or procuring someone else to have sex with a child under 16.
It is also a section that criminalises having sex with someone who is aged 16 or 17 who is under your care, supervision or authority.
In the section it outlines a number of people (but not exclusively) who falls inside the definition of care, supervision or authority.
As with most sentencing this does not mean that a person will receive that punishment on being found guilty. The maximum is reserved for the worst example of the charge.
The defences that you often see to the charges under this section are that there was no realisation about the age of the alleged victim or a denial that it occurred while they were in the care supervision or authority. There may also be a dispute as to whether anything happened at all.
This is a serious charge that must be heard before a Judge in the County Court.
You should ring us and discuss your case if you have been charged with this charge.
Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a specialist criminal lawyer.
The section that covers this offence is section 49S of the Crimes Act.
In a case of Procuring sexual penetration of a child, the following defences may be applicable to the charge:
- Honest and Reasonable Mistake of Belief as to Age
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Procuring sexual penetration of a child?
- 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 Procuring sexual penetration of a child?
The legislation for this offence can be found on section 49S of Crimes Act 1958.
Case studies related to the charge of Procuring Sexual Penetration of a Child:
Media articles related to the charge of Procuring sexual penetration of a child:
Links to further information about the charge of Procuring sexual penetration of a child:
- The Charge of Procuring Sexual Penetration of a Child
- FindLaw: Procuring Sexual Penetration of a Child
You may also visit this page to view sentencing decisions by Victorian County Courts for sexual offences against children.