Have you been charged with causing or allowing a sexual performance involving a child?

What does it mean to be charged with causing or allowing a sexual performance involving a child?

Section 49Q of the Crimes Act 1958 (“CA”) addresses the offence of causing or allowing a sexual performance involving a child. This charge focuses on situations where an individual intentionally involves a child in a sexual performance that is conducted for the sexual arousal or gratification of others, particularly when monetary compensation or benefits are involved.

What constitutes Sexual Performance?

In this context, a sexual performance refers to a live act presented either in person or online. The performance must be one that can reasonably be interpreted as being intended for the sexual arousal of any individual, whether that individual is part of the audience or actively participating in the performance.

What must the prosecution prove?

1. The accused (Person A) must intentionally cause or allow another person (Person B) to participate in a sexual performance.
2. The sexual performance occurs in circumstances where someone receives payment, reward, or other benefits related to the performance, whether this happens before or after the performance.
3. The child involved (Person B) must be under the age of 18 years.

Penalties for causing or allowing a sexual performance involving a child:

This is a serious offence with carries a level 5 imprisonment, being a maximum of 10 years.

Where will my case be heard?

Causing or allowing a sexual performance involving a child case can ONLY be heard in the County Court or the Supreme Court.

Factors and Defences to consider:

It is a valid defence against a charge for an offence under section 49Q(1) if, at the time of the conduct in question:

(a) ‘B’ was 12 years of age or older; and
(b) ‘A’ had a reasonable belief that ‘B’ was 18 years of age or older.

 ‘A’ carries the burden of proof, meaning they must demonstrate (on the balance of probabilities) that they genuinely believed the above statements.

Other factors to consider:

• What was the nature of your activity with the alleged child victim? 
• Did you give any person payment, reward or benefit to induce sexual activity?
• Did a sexual performance take place at all and if so, who was involved?
• Were you aware of the child’s age?
• Was the child involved older than 12 at the time of the alleged performance?
• Did you reasonably belief they were over the age of 18?
• What steps did you initiate to ensure this?
• Do you have any defences available to you?

An honest, mistaken belief that there was no payment, reward or benefit given regarding the sexual performance is not a defence to this charge.

Given the severity of these charges, speak to a criminal defence lawyer today for an individualised tailored defence strategy that could serve you.

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you have been charged with Causing or allowing a sexual performance involving a child, your immediate next step is to contact MK Law to schedule an initial consultation with their experienced legal team. During this meeting, you will have the opportunity to discuss the specifics of your case in detail, allowing the lawyers to evaluate your situation comprehensively and provide you with preliminary advice tailored to your circumstances.

MK Law will meticulously review all relevant information and may request additional evidence or documentation to strengthen your defence. Throughout the legal process, they will keep you informed, offering ongoing legal guidance and preparing you for any necessary court appearances. When your case goes to trial, MK Law will represent you, working diligently to advocate for the best possible outcome on your behalf. To begin, reach out to MK Law by calling 1800 130 120 or visiting their website to arrange your consultation.