Sexual Penetration With A Child Under 16

For the prosecution to prove the offence of sexual penetration with a child aged under 16 they must satisfy three elements of the offence. They can be found in s 49B of the Crimes Act 1958 (Vic) and are as follows:

- The accused took part in an act of sexual penetration;

- The accused did so with another person who was under the age of 16; and

- The accused intended to take part in the act.

Charges for sexual penetration with a child aged under 16 will usually be heard in the County Court or Supreme Court, as the penalty for the offence is significant. The serious nature of the charge means that a sentence of imprisonment is often handed down. Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.