Have you been charged with facilitating a sexual offence against a child?

What must the prosecution prove?

1. The accused (A) must have engaged in conduct that aids, facilitates, or contributes in any way to another person (B) engaging in sexual conduct with a child.

This can include actions such as making travel arrangements or allowing a child to remain on premises controlled by ‘A’.

2. ‘A’ intended their actions to facilitate ‘B’s’ sexual conduct with a child; or
3. ‘A’ knew that their actions would, or probably would, aid or facilitate ‘B’s’ sexual conduct with a child.
4. ‘A’ engaged in this conduct with the intention of obtaining a benefit for themselves or another person (C).

5. The sexual conduct by ‘B’ involving the child must either:

   • Constitute an offence under Victorian law (sections 38(1), 39(1), 40(1), or 41(1)), or;
   • Constitute an offence under Australian federal law (Division 272 of Chapter 8 of the Criminal Code), or;
   • Occur outside Victoria but still constitute an offence if it were to occur in Victoria.

Penalties for facilitating a sexual offence against a child:

The penalty for this offence is severe, with a maximum of 20 years’ imprisonment.