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.
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.
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.
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.
The section that covers this offence is section 49G of the Crimes Act.
Further information on Sexual penetration of 16 or 17 year old child
In a case of Sexual penetration of 16 or 17 year old child, the following defences may be applicable to the charge:
- Honest and Reasonable Mistake of Belief
- Factual Dispute and Concept of Beyond Reasonable Doubt
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)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Sexual penetration of 16 or 17 year old child?
The legislation for this offence can be found on section 49G of Crimes Act 1958.
We currently have no available case studies for the charge of Sexual penetration of 16 or 17 year old child.
Media articles related to the charge of Sexual penetration of 16 or 17 year old child:
Links to further information about the charge of Sexual penetration of 16 or 17 year old child:
You may also visit this page to view sentencing decisions by Victorian County Courts for sexual offences against children.
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.
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Sexual Penetration of 16- or 17-year Old Child, Bill Doogue.