Indecent Act with a Child under the Age of 16 in Victoria - Australia


December 10, 2012     By Doogue O'Brien George

Obviously sexual offences are considered some of the most serious criminal charges in Australia – especially if the victim is a child. What legal consequences are there for indecent acts with a person under the age of 16? And how is this charge processed in Victorian Courts?
What’s the Highest Penalty for Indecent Act With a Child Under the Age of 16? What defenses can be used?
The highest possible penalty for the charge of Indecent Act With a Child Under the Age of 16 is a goal term of 10 years. The penalties for this charge are determined by evaluating the overall details of a case.

Defenses that are sometimes used for this charge are:

A. Wrong Facts/Identification
B. Honest and Reasonable Mistake of Belief
C. Accused not more than 2 years older than the alleged victim

Does the Sunshine Magistrates’ Court in Victoria hear a case of Indecent Act With a Child Under the Age of 16?

Any summons or indictment for the charge of Indecent Act With a Child Under the Age of 16 will generally be before a Judge in the County Court. Like other criminal charges, the type of Court that is given jurisdiction over a case often indicates how it is being viewed. It is therefore clear that Indecent Act With a Child Under the Age of 16 is a very serious offence.

Where to now?

For the charge of Indecent Act With a Child Under the Age of 16, the best advice can only come from experienced criminal law specialists. They have a wide knowledge of the criminal law system and can formulate effective strategies specific to your case. Find one and discuss your case right away.

How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Indecent Act With a Child Under the Age of 16?

Prosecutors establish the charge of Indecent Act With a Child Under the Age of 16 by proving that the following occurred:

A. indecent act committed by the accused
B. with or in the presence of a person
C. that person was under 16 years of age.

Where do you find the law about Indecent Act With a Child Under the Age of 16?

Indecent Act With a Child Under the Age of 16 is based on a legislation found on section 47 of the Crimes Act 1958.

ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.

The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.