Call (03) 9131 2000

Sexual Penetration of a 16 or 17 Year Old Child

Need a Melbourne criminal lawyer?

Sexual Penetration of a 16 or 17 Year Old Child

Section 48 of the Crimes Act 1958 (Vic) sets out the offence of sexual penetration of a 16 or 17 year old child. In Victoria, the maximum penalty is 10 years imprisonment.  Like all sexual offences involving children it is a serious offence. A finding of guilt in relation to an offence of this nature will result in mandatory registration on the Sex Offenders Register.

Anything that you say in a police interview or to anyone else can potentially have consequences for the further conduct of your case. Seeking legal advice at the earliest opportunity is of vital importance in order to enable us to properly and expertly prepare a strategy to manage your matter.

To prove this offence, the prosecution must establish the following beyond reasonable doubt:

  1. The accused took part in an act of sexual penetration with the complainant;
  2. The accused intended to take part in that act of sexual penetration;
  3. The complainant was either 16 or 17 years of age at the time that the act of sexual penetration took place;
  4. The accused and the complainant were not married at the time; and
  5. The complainant was under the accused’s care, supervision or authority at the time that the act of sexual penetration took place.

What constitutes ‘care, supervision or authority’ is not exhaustively defined within the Act.  Section 48(4) does however provide a list of relationships considered to fall within the meaning, some include the child’s: teacher; foster parent; legal guardian; religious representative; employer; counsellor; member of the police force or corrections; and coach.  The question of whether a person is under the ‘care, supervision or authority’ of the accused is a question of fact for the jury to determine.

The relationship of ‘care, supervision or authority’ does not need to be based on a legal right or specific power.  Instead, it is targeted at those persons who have an on-going relationship with a child (involving care, supervision or authority) and who are able to take advantage of the influence which develops from the relationship.

Importantly, the prosecution is not required to prove that the act of sexual penetration was connected with or arose out of the relationship of ‘care, supervision or authority’.  It is enough for the prosecution to establish that there was a relationship of ‘care, supervision or authority’ existing at the time the act of sexual penetration was committed.

Need a criminal lawyer? Contact us here.

Other sexual offences

Ruwan Jayamanna
Ruwan Jayamanna
Google Review
Read More
"I highly recommend Avi and his Team for your legal matters. Don't hesitate - just call them. Avi was fantastic - working through my complex legal issues and bringing about an outcome which was virtually beyond my wildest expectations! Thank you so much Avi - I'm extremely grateful for your kind, calm, knowledgable, supportive, responsive and empathetic demeanour, and interaction with me during easily the worst stage of my life. And of course for the outcome."
Katrina McMahon
Katrina McMahon
Google Review
Read More
"I had the comfort of being represented by Holly Boylan during a recent sledge and application for IVO about me. Despite my stress, Holly was the ultimate professional, understanding and took the entire situation in her stride. The matter was resolved promptly and the correct outcome of complete withdrawal occurred. Always available to my questions, Hollys manner was astute, caring and professional."
Daniel Wood
Daniel Wood
Google Review
Read More
"Holly was absolutely brilliant to deal with...Furstenberg Law really delve into our situation and went above and beyond to over deliver on the speed of the desired outcome - would recommend without hesitation."
Daniel Thaxter
Daniel Thaxter
Google Review
Read More
"I am incredibly grateful for your hard work and effort you put in with not only my legal matter but also by putting me at ease emotionally. "
eliza dewey
eliza dewey
Google Review
Read More
"My life is almost the same as it was before I got in trouble with the law thanks to him, and the way he helped me was exceptional."
Kath H
Kath H
Google Review
Read More
"He is such a wonderful caring person and worked so hard in getting me the best possible outcome. He was professional, knowledgeable and determined and I have no hesitation in recommending his services."
Anmol Chahal
Anmol Chahal
Google Review
Read More
"My experience with this firm was fantastic. Holly Boylan was my lawyer, and not only did she achieve the best possible outcome for me, but throughout the experience kept me informed about what was happening with regular updates. I highly recommend Holly for your legal matters."
Nikkii Shaw
Nikkii Shaw
Google Review
Read More
"Can't thank Avi Furstenberg and his team at furstenberg law for the help, guidance and support shown. I couldn't have gotten a better outcome from my case, Avi is exceptional and professional at his job. I highly recommend using Furstenberg Law and Avi for their services!"
Previous
Next

Send a private message