Sexual Penetration of 16 or 17 Year Old Child

– section 49G of the Crimes Act 1958

It is an offence to sexually penetrate a 16 or 17 year old who is in your care or authority. This is the type of offence that teachers are routinely charged with.

In the section it outlines a number of people (but not exclusively) who fall inside the definition of care, supervision or authority.

Deciding on whether to plead guilty or not will have large impacts on you life and should be made after proper discussion with a specialist criminal lawyer.
sexual penetration of a 16 or 17 year old child

We currently do not have examples of the offence of Abduction of a Child Under the Age of 16 for a Sexual Purpose.

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 jury of 12 who 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.
 
We currently do not have case studies and links to other information about Abduction of a Child Under the Age of 16 for a Sexual Purpose.
 
We currently do not have any sentencing info for the offence of Abduction of a Child Under the Age of 16 for a Sexual Purpose.