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Sexual Offences in Victoria


Sexual Offences in Victoria

  1. Rape: engaging in sexual intercourse without the consent of the other person, knowing that they do not consent or being reckless as to whether they consent.

  2. Sexual assault: any sexual act that occurs without the consent of the other person, including acts such as touching the genitals, breasts or anus of another person without their consent.

  3. Indecent assault: an assault that involves the commission of an indecent act, such as touching a person’s private parts or exposing oneself to another person.

  4. Sexual penetration of a child under 12: engaging in any form of sexual penetration with a child who is under the age of 12.

  5. Sexual penetration of a child aged 12 to 16: engaging in any form of sexual penetration with a child aged 12 to 16, where the offender is more than two years older than the child.

  6. Sexual penetration of a person with a cognitive impairment: engaging in any form of sexual penetration with a person who has a cognitive impairment, who is incapable of giving consent.

  7. Sexual grooming of a child: engaging in conduct that is intended to procure a child for sexual activity or indecent acts.

  8. Child pornography offences: including possessing, producing or distributing child pornography.

Complete list of sexual offences in Victoria

Source: The Crimes Act 1958

  • s32 Offence to Perform Female Genital Mutilation
  • s33 Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
  • s34B Sexual Activity with the Corpse of a Human Being
  • s38 Rape
  • s39 Rape by Compelling Sexual Penetration
  • s40 Sexual Assault
  • s41 Sexual Assault by Compelling Sexual Touching
  • s42 Assault with Intent to Commit a Sexual Offence
  • s43 Threat to commit a sexual offence
  • s44 Procuring Sexual Act by Threat
  • s45 Procuring a Sexual Act by Fraud
  • s46 Administration of an Intoxicating Substance for a Sexual Purpose
  • s47 Abduction or detention for a sexual purpose
  • s48 Sexual Activity Directed at Another Person
  • s49A Sexual Penetration of a Child Under the Age of 12
  • s49B Sexual Penetration of a Child Under the Age of 16
  • s49C Sexual penetration of a child aged 16 or 17 under care
  • s49D Sexual Assault of a child under 16
  • s49E Sexual assault of a child aged 16 or 17
  • s49F Sexual activity in the presence of a child under the age of 16
  • s49G Sexual Activity In The presence Of A Child Aged 16 or 17
  • s49H Causing a child under the age of 16 to be present during sexual activity
  • s49I Child aged 16 or 17 under your care present during sexual activity
  • s49J Persistent Sexual Abuse of a Child Under the Age of 16
  • s49K Encouraging a child under the age of 16 to engage in sexual activity
  • s49L Encouraging sexual activity of a child aged 16 or 17 under care
  • s49M Grooming a child under the age of 16 for sexual conduct
  • s49N Loitering near schools etc by a sexual offender
  • s49O Failure by a Person in Authority to Protect a Child from a Sexual Offence
  • s49P Abduction or detention of a child under 16 for a sexual purpose
  • s49Q Causing or allowing a sexual performance involving a child
  • s49R Inviting or offering a sexual performance involving a child
  • s49S Facilitating a sexual offence against a child
  • s50C Sexual penetration of a child or lineal descendent
  • s50D Sexual Penetration Of A Step-Child
  • s50E Sexual Penetration Of A Parent, Lineal Ancestor Or Step-Parent
  • s50F Sexual Penetration of a Sibling or Half-Sibling
  • s51B Involving A Child In The Production Of Child Abuse Material
  • s51C Producing Child Abuse Material
  • s51D Distributing Child Abuse Material
  • s51E Administering A Website Used To Deal With Child Abuse Material
  • s51F Encouraging The Use Of A Website Used To Deal With Child Abuse Material
  • s51G Possession of Child Abuse Material (Child Pornography)
  • s51H Accessing Child Abuse Material
  • s51I Assisting A Person To Avoid Apprehension
  • s52B Sexual Penetration of a Person with a Cognitive Impairment or Mental Illness
  • s53B Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
  • s53C Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
  • s53E Aggravated Sexual Servitude
  • s53F Deceptive Recruiting for Commercial Sexual Services
  • s54A Bestiality
  • s63 Child Stealing
  • s64 Bigamy
  • s65 Abortion Performed by Unqualified Person
  • s67 Concealing the Birth of a Child

Why you need a sex offence lawyer

Sex crimes comprise a large amount of the work of the Victorian criminal justice system. The police have established specialist units to investigate and both the Magistrates and County Courts have established specialist lists to deal and manage allegations of this nature.

There have been numerous amendments to the law surrounding sexual offences in recent times meaning that it can be complex. For example, the statutory definition of consent has changed a number of times over the past 10 years, maximums increased and the elements of offences changed. 

Most changes are not retrospective. This means that the allegations are to be considered and tried according to the law as it applied at the time. These amendments and the manner in which these allegations are treated require careful consideration, proper management and strategy. Furstenberg Law has the experience and expertise to manage your matter from the beginning in order to defend the charges and achieve the best outcome.

What to expect if you’re charged with a sexual offence

The first step in the process usually involves a formal interview with police. This interview is recorded and can later be used in evidence. Proper advice, management and strategy should begin before this stage. If that is not possible, you have the right to contact a sexual offence lawyer before the interview begins. It is important that you take the this opportunity. After the interview the investigation may continue or charges may be laid and the Court process commenced.

Related article: What is the age of consent in Victoria?

Sexual Offence Lawyers

We recognise that this a stressful time and the impact allegations of this nature can have on your life. It is important that during this time your case is managed by an experienced sex offence lawyer. Even the most innocuous comment or action can later have adverse impacts. Put yourself in our hands and allow us to properly and expertly prepare a strategy to manage the matter.

Contact us here to speak with an experienced Melbourne Sexual Offence Lawyer.

Related: Child Sex Offence Lawyers

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