Sexual Penetration of a Child Under the Age of 16 Years

Section 49B of the Crimes Act 1958 (Vic) sets out the statutory offence of sexual penetration of a child under the age of 16 years.

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

1. That the accused took part in an act of sexual penetration with the complainant;
2. That the accused intended to take part in that act of sexual penetration; and
3. That the complainant was under 16 years of age at the time of the alleged offending.

There are a number of aggravating circumstances that may be taken into account by a court even though they are not elements of the offence itself. 

There are also several statutory defences and exemptions making this a complex matter to navigate. It is an extremely serious offence. A finding of guilt in relation to an offence of this nature will result in 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.

The maximum penalties for sexual penetration of a child under the age of 16 are:

1. 25 years: If the child was under the age of 12 at the time of the offence;
2. 15 years: If the child was between 12 and 16 and under the care, supervision or authority of the accused; and
3. 10 years: In all other cases.

Contact us for expert legal advice.