Sexual Offences in Victoria, Australia

SEXUAL OFFENCES
in Victoria, Australia
When is a person guilty?

What are the laws?
What are the penalties imposed?
sexual offence (sex crime)
noun \ ˈsek-sh(ə-)wəl ˌ ə-ˈfen(t)s (ˈseks ˌ ˈkrīm) \
A criminal behaviour that generally involves illegal or coerced

sexual conduct against another individual. It is an offence that
falls under crimes against the person.
*A person convicted of a sexual offence is considered a sexual

offender.
Sexual crimes comprise a significant portion of all criminal
legal matters that are heard before Victorian courts.
 From 2016 to 2017, the number of offenders charged primarily for a

sexual crime increased by 3% (from 7,898 to 8,123). This has been the
sixth consecutive annual increase.
 At the end of 2016, there were 12,956 sexual offences recorded across
the state, with an offence rate of 214.0 offences per 100,000 people.
 Sexual offences have increased by 45% in the last 5 years from 2016,
up from 8,936 offences recorded at the end of 2012.
 From 2010 to 2017, the number of sexual offenders has increased by

40%.
Here are some of the sexual offences that may be
filed against a person in the state of Victoria:
 Rape
 Incest
 Grooming
 Upskirting
 Sexual Assault
 Child Pornography
 Sexual Penetration of a Child
 Distribution of an Intimate Image
 Threat to Commit a Sexual Offence
 Visually Capturing Genital or Anal Region
 Assault With Intent to Commit a Sexual Offence
 Sexual Activity in the Presence of a Child Under the Age of 16
RAPE
ELEMENTS: WHEN IS THE ACCUSED GUILTY?
1. The accused intentionally sexually penetrated a person;
2. the person did not consent to the sexual penetration; and
3. the accused did not reasonably believe that the person consented to the sexual penetration.
WHAT IS THE LAW?

Section 38 of the Crimes Act 1958 - Rape
WHAT IS THE PENALTY IMPOSED?
Level 2 imprisonment (25 years maximum)

INCEST
Incest is broken down into four (4) different
offences each with its own legislation.
o SEXUAL PENETRATION OF A CHILD OR LINEAL DESCENDANT

o SEXUAL PENETRATION OF A STEP-CHILD
o SEXUAL PENETRATION OF A PARENT, LINEAL ANCESTOR

OR STEP-PARENT
o SEXUAL PENETRATION OF A SIBLING OR HALF-SIBLING
SEXUAL PENETRATION OF A
CHILD OR LINEAL DESCENDANT

1. The accused intentionally -
a. sexually penetrated a person, or
b. caused or allowed a person to sexually penetrate him/her (the accused);
2. the person is a child or lineal descendant of the accused; and
3. the accused knew that the person is his/her child or lineal descendant.
WHAT IS THE LAW?

Section 50C of the Crimes Act 1958 - Sexual Penetration of a Child or Lineal Descendant

SEXUAL PENETRATION
OF A STEP-CHILD

2. the person is a child or lineal descendant of the accused’s spouse or domestic partner; and
3. the accused knew that the person is a child or lineal descendant of his/her spouse or domestic
partner.
WHAT IS THE LAW?

Section 50D of the Crimes Act 1958 - Sexual Penetration of a Step-Child

SEXUAL PENETRATION OF A PARENT,
LINEAL ANCESTOR OR STEP-PARENT

2. the accused is 18 years of age or more;
3. the person is the parent, lineal ancestor or step-parent of the accused; and
4. the accused knew that the person is his/her parent, lineal ancestor or step-parent.
WHAT IS THE LAW?

Section 50E of the Crimes Act 1958 - Sexual Penetration of a Parent, Lineal Ancestor or Step-Parent

SIBLING OR HALF-SIBLING

2. the person is a sibling or half-sibling of the accused; and
3. the accused knew that the person is his/her sibling or half-sibling.
WHAT IS THE LAW?

Section 50F of the Crimes Act 1958 - Sexual Penetration of a Sibling or Half-Sibling

FOR SEXUAL CONDUCT
GROOMING WITH A CHILD UNDER 16
1. The accused (A) is 18 years of age or more;
2. the accused communicated, by words or conduct, with:
a. a person (P) who is a child under the age of 16 years, or
b. a person (G) under whose care, supervision, or authority P is; and
3. the accused intended that the communication facilitate P engaging or being involved in the
commission of a sexual offence by A or by another person who is 18 years of age or more.
WHAT IS THE LAW?

Section 49M of the Crimes Act 1958 - Grooming for Sexual Conduct With a Child Under the Age of 16

UPSKIRTING/
OBSERVATION OF
GENITAL OR ANAL REGION
1. The accused used a device to observe a person's genital or anal region;

2. the accused did so intentionally; and
3. the accused did so in circumstances in which it would be reasonable for that other person to
expect that his or her genital or anal region could not be observed.
WHAT IS THE LAW?
Section 41A of the Summary Offences Act 1966 - Observation of Genital or Anal Region

3 months imprisonment
SEXUAL ASSAULT
1. The accused intentionally touched another person;

2. the touching was sexual;
3. the person did not consent to the touching; and
4. the accused did not reasonably believe that the person consented to the touching.
WHAT IS THE LAW?
Section 40 of the Crimes Act 1958 – Sexual Assault

CHILD PORNOGRAPHY
There are many child pornography offences in Victoria. This
presentation will cover only three (3) of them.
o POSSESSION OF CHILD ABUSE MATERIAL
o PRODUCING CHILD ABUSE MATERIAL
o INVOLVING A CHILD IN THE PRODUCTION

OF CHILD ABUSE MATERIAL
POSSESSION OF CHILD
ABUSE MATERIAL

1. The accused possessed child abuse material and
2. the accused knowingly possessed said material.
*If the child abuse material is electronic, the accused would be in possession of it if he/she controls access to the electronic
material regardless of whether he/she has physical possession of it. It is immaterial if the electronic material was outside
Victoria as long as the accused was in Victoria at the time of the offence. It is also immaterial if the accused was outside
Victoria at the time of the offence as long as the electronic material was in Victoria.
WHAT IS THE LAW?

Section 51G of the Crimes Act 1958 – Possession of Child Abuse Material

PRODUCING CHILD
ABUSE MATERIAL
1. The accused intentionally produces material;

2. the material is child abuse material; and
3. the accused knows that the material is, or probably is, child abuse material.
*The ways in which material is produced may include filming, printing, photographing, recording, writing, drawing or
otherwise generating material; or altering or manipulating material; or reproducing or copying material.
WHAT IS THE LAW?

Section 51C of the Crimes Act 1958 – Producing Child Abuse Material

INVOLVING A CHILD IN THE PRODUCTION
OF CHILD ABUSE MATERIAL

1. The accused intentionally involved another person in the production of material;
2. the person was a child;
3. the accused knows that the person is, or probably is, a child;
4. the material was child abuse material; and
5. the accused knew that the material is, or probably is, a child abuse material.
*Involving a person in the production of a material may include inviting or encouraging him/her to be involved, or offering
him/her to be involved, in the production of the material; or causing or allowing him/her to be involved in the production
of the material; or using him/her in the production of the material.
WHAT IS THE LAW?

Section 51B of the Crimes Act 1958 – Involving a Child in the Production of Child Abuse Material

SEXUAL PENETRATION OF A CHILD
There are three (3) sexual penetration

of a child offences in Victoria.
o SEXUAL PENETRATION OF A CHILD UNDER THE AGE OF 12
o SEXUAL PENETRATION OF A CHILD UNDER THE AGE OF 16
o SEXUAL PENETRATION OF A CHILD AGED 16 OR 17 UNDER

CARE, SUPERVISION OR AUTHORITY
CHILD UNDER THE AGE OF 12

a. sexually penetrated a person (B); or
b. caused or allowed a person (B) to sexually penetrate him/her (the accused); or
c. caused the person (B) -
i. to sexually penetrate themselves, or
ii. to sexually penetrate another person (C), or
iii. to be sexually penetrated by another person (C); and
d. the person (B) was a child under the age of 12 years.
WHAT IS THE LAW?

Section 49A of the Crimes Act 1958 - Sexual Penetration of a Child Under the Age of 12

CHILD UNDER THE AGE OF 16

d. the person (B) was a child under the age of 16 years.
WHAT IS THE LAW?

Section 49B of the Crimes Act 1958 - Sexual Penetration of a Child Under the Age of 16

SEXUAL PENETRATION OF A CHILD AGED 16 OR 17
UNDER CARE, SUPERVISION OR AUTHORITY

d. the person (B) was a child aged 16 or 17 years; and
e. the person (B) was under the accused’s care, supervision or authority.
WHAT IS THE LAW?

Sexual Penetration of a Child Aged 16 or 17 Under Care,
Section 49C of the Crimes Act 1958 -
Supervision or Authority

DISTRIBUTION OF AN INTIMATE IMAGE
1. The accused intentionally distributed an intimate image of a person (B) to another person other
than B; and
2. the distribution of the image is contrary to community standards of acceptable conduct; and
3. the person (B) was under the age of 18 years; and
4. the person (B) had not expressly or impliedly consented, or could reasonably be considered to
have expressly or impliedly consented, to the distribution of the intimate image and the manner
in which the intimate image was distributed.
WHAT IS THE LAW?

Section 41DA of the Summary Offences Act 1966 - Sexual Penetration of a Child Under the Age of 12

THREAT TO COMMIT A SEXUAL OFFENCE
1. The accused made to another person (B) a threat to rape or sexually assault B or a third person
(C); and
2. the accused intended that B will believe, or the accused believed that B will probably believe,
that he/she (accused) will carry out the threat.
*Words or conduct may constitute a threat if they conveyed an intention to sexually penetrate or sexually touch B or C
without their consent; or to cause B or C, without their consent, to sexually penetrate or sexually touch the accused, C or B
(as the case requires), themselves, another person (D), or an animal; or to cause B or C, without their consent, to be
sexually penetrated or sexually touched by another person or by an animal.
WHAT IS THE LAW?

Section 43 of the Crimes Act 1958 – Threat to Commit a Sexual Offence

VISUALLY CAPTURING
GENITAL OR ANAL REGION
1. The accused visually captured a person's genital or anal region; and

2. the act was intentional; and
3. the act was committed in circumstances in which it would be reasonable for the other person to
expect that his or her genital or anal region could not be visually captured.
WHAT IS THE LAW?
Section 41B of the Summary Offences Act 1966 – Visually Capturing Genital or Anal Region

2 years imprisonment
ASSAULT WITH INTENT TO
COMMIT A SEXUAL OFFENCE
1. The accused intentionally applied force to another person; and
2. the person did not consent to the application of that force; and
3. at the time of applying the force, the accused intended for the person to take part in a sex act; and
4. The accused did not reasonably believe that the person would consent to taking part in the sex act.
*The accused may commit this offence even if the person was not aware of the application of force by the accused. The force
may be applied directly or indirectly; or to the body, clothing, or equipment worn by the person.
WHAT IS THE LAW?

Section 42 of the Crimes Act 1958 – Assault with Intent to Commit a Sexual Offence

SEXUAL ACTIVITY IN THE PRESENCE
OF A CHILD UNDER THE AGE OF 16
1. The accused intentionally engaged in a sexual activity; and
2. another person was present when the accused engaged in the sexual activity; and
3. the accused knew that the person was, or probably was, present when he/she engaged in the
activity; and
4. the person was a child under the age of 16 years; and
5. engaging in the activity in the presence of the person was contrary to community standards of
acceptable conduct.
*Engaging in a sexual activity may be committed by means of an electronic communication within the meaning of the
Electronic Transactions (Victoria) Act 2000 that is received by a person in real time or close to real time.
WHAT IS THE LAW?

Section 49F of the Crimes Act 1958 - Sexual Activity in the Presence of a Child Under the Age of 16

There are many other sexual offences that may be filed against a
person in the state of Victoria.
If you have been charged, it is crucial that you

contact a lawyer immediately.
Sexual crimes are very serious offences that carry heavy penalties
upon conviction, including the possibility of being placed on the
Sex Offender Register for years.
A lawyer will ensure that you get a fair trial in court and that your
rights as a defendant are upheld throughout the course of any
police and legal investigation.
Want to know more about the laws on sexual offences in Victoria,
Australia? Check out the following legal websites:
Furstenberg Law
Australasian Legal Information Institute
References used in creating this presentation

Sexual Offences in Victoria, Australia

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sexual Offences in Victoria, Australia

Uploaded by

Copyright:

Available Formats

SEXUAL OFFENCES

When is a person guilty?

A criminal behaviour that generally involves illegal or coerced

*A person convicted of a sexual offence is considered a sexual

 From 2016 to 2017, the number of offenders charged primarily for a

 From 2010 to 2017, the number of sexual offenders has increased by

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

Level 2 imprisonment (25 years maximum)

o SEXUAL PENETRATION OF A CHILD OR LINEAL DESCENDANT

o SEXUAL PENETRATION OF A PARENT, LINEAL ANCESTOR

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

1. The accused used a device to observe a person's genital or anal region;

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

1. The accused intentionally touched another person;

WHAT IS THE LAW?

Section 40 of the Crimes Act 1958 – Sexual Assault

WHAT IS THE PENALTY IMPOSED?

o POSSESSION OF CHILD ABUSE MATERIAL

o PRODUCING CHILD ABUSE MATERIAL

o INVOLVING A CHILD IN THE PRODUCTION

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

1. The accused intentionally produces material;

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

There are three (3) sexual penetration

o SEXUAL PENETRATION OF A CHILD UNDER THE AGE OF 12

o SEXUAL PENETRATION OF A CHILD UNDER THE AGE OF 16

o SEXUAL PENETRATION OF A CHILD AGED 16 OR 17 UNDER

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

ELEMENTS: WHEN IS THE ACCUSED GUILTY?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

WHAT IS THE LAW?

WHAT IS THE PENALTY IMPOSED?

1. The accused visually captured a person's genital or anal region; and

WHAT IS THE LAW?