Concealing the Birth of a Child

Have you been charged with Concealing the Birth of a Child?

Concealing the Birth of a Child is a charge under Section 67 of the Crimes Act 1958, involving the secret disposal of a child’s body with the intent to conceal its birth. This offence is treated seriously under the law, and understanding the implications and potential defences is crucial for anyone charged with it.

If any woman has been delivered of a child, every person who, by any secret disposition of the dead body of the child—whether the child died before, at, or after its birth—endeavours to conceal the birth shall be guilty of a summary offence.

What must the prosecution prove:

For a successful prosecution, the following elements must be established:

1. A child, which had reached a gestational state where it would have had a fair chance of life upon birth, has died.
2. The dead body of the child has been secretly disposed of.
3. The disposal was conducted for the purpose of concealing the birth of the child.

Penalty for concealing the birth of a child:

The maximum penalty for this offence is Level 9 imprisonment, with a maximum term of 6 months.

Where the Case Will Be Heard?

Cases of concealing the birth of a child are heard exclusively in the Magistrates’ Court of Victoria.

Factors and defences to consider:

• Did you secretly dispose of the body of a child who died before, at or after its birth? 
• Was this done in order to conceal the birth of the child?
• Did you act alone or with the help of others?
• Was it your baby?
• Was it a baby of another woman?
• What were the surrounding circumstances of this offence?

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 concealing the birth of a child, it is vital to consult with an experienced criminal lawyer at MK Law without delay. Effective legal representation is crucial to navigate the complexities of the charges and prepare your defence.

Your lawyer can help gather evidence, assess the prosecution’s case, and formulate a strategic plan for your defence. Early preparation is key to achieving the best possible outcome, so schedule an appointment with a qualified lawyer today to discuss your case. Call 1800 130 120 today.