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Sexual Penetration of 16 or 17 Year Old Child

Has someone called you and accused you of Sexual Penetration of a 16 or 17 Year Old Child? The general age of consent to sex is 16 years old but there are some circumstances in which that is not the case.

Call us today to have your important legal questions answered in confidence.
sexual penetration of a 16 or 17 year old child
Police interview
The Police investigation stage is often the most important point of a case. Anything you tell the Police can harm your defence in the future. The aim of the Police interview is to try to get admissions from you to lock you into a plea of guilty. The Police interview is not where you explain your side of the story and hope that the matter will go away. You need to receive advice on how to deal with the Police.

Pleading not guilty to a Sexual Penetration charge
If you are accused of Sexual Penetration of a 16 or 17 Year Old Child, you should call us to discuss a strategy with one of our experienced lawyers. We are criminal defence lawyers who specialise in sex matters and are experienced in running sex matters in Court and before juries.

We will work hard on your case and make sure that you have the best possible chance of winning your case. There is much work that needs to be done. From pushing the Police to get full disclosure of their evidence to using our own investigators and getting our own witnesses. This case is important to you and that is how we will treat it. We pride ourselves on our preparation of matters for Court.

It is obvious that being accused of a sexual offence can be stressful. Being accused of Sexual Penetration of a 16 or 17 Year Old Child or other child sex offence can be devastating. It can negatively impact your reputation, your employment, your ability to parent your children, and your ability to travel.

Sexual Penetration of a 16 or 17 Year Old Child is made worse if the Police say that you were in a position of power over the complainant, such as that you were a schoolteacher or guardian.

Pleading guilty to Sexual Penetration of a Child
If you are pleading guilty, we can advise you on how to prepare your plea to get the best possible outcome. A good plea will rely on the following:

  1. Gathering mitigating material,
  2. Getting reports, and
  3. Taking the time to get to know you so your story can be properly explained to the Judge.
We have achieved great outcomes for people who have pleaded guilty to Sexual Penetration of a 16 or 17 Year Old Child.

A finding of guilt for Sexual Penetration of a 16 or 17 Year Old Child will almost always lead to an immediate prison sentence and being placed on the Sex Offender Register for a long period of time.
  • Contact an expert in charges of Sexual Penetration of a 16 or 17 Year Old Child on (03) 9670 5111.
  • We provide a free first phone conference.
  • Download our free booklet to learn more about the Investigation and Court process.
Two obvious defences arise in this charge. Firstly, that you genuinely believed on reasonable grounds that they were 18 or over. Secondly, that the person was not in your care, supervision, or authority.

Often there is a factual dispute as to when exactly something happened with these sorts of charges.
What penalties can be imposed for a charge of Sexual Penetration of 16 or 17 Year Old Child?
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment
You may also visit this page to view sentencing decisions by Victorian County Courts for sexual offences against children.
The legislation for this offence can be found on section 49G of Crimes Act 1958.

A serious charge such as this must be heard before a Judge in the County Court. If it is defended, then it will be heard by a jury of 12 who will decide whether you are guilty.

The 2016 amendments renamed this offence to ‘Sexual Activity in the Presence of a Child Aged 16 or 17’. It applies to anyone who engages in any sexual activity (as opposed to just sexual penetration) in the presence of a child aged 16 or 17 in the person’s care, supervision, or authority.