Have you been charged with Failure by a Person in Authority to Protect a Child from a Sexual Offence?

What does it mean to be charged with Failure by a Person in Authority to Protect a Child from a Sexual Offence?

This charge under Section 49O of the Crimes Act 1958 (“CA”) relates to a failure by a person in authority to protect a child from a sexual offence. It applies when someone in a position of authority within an organisation that cares for children fails to act to reduce or remove a known substantial risk that a child under 16 may become the victim of a sexual offence by another person.

What must the prosecution prove?

1. You must hold a position in a relevant organisation that has responsibility for children, such as schools, religious institutions, sports groups, or hospitals.
2. There must be a substantial risk that a child will be the victim of a sexual offence by someone associated with the organisation (like an employee, volunteer, or contractor).
3. The person in authority must be aware that this substantial risk exists.
4. The person must have the power or responsibility to reduce or eliminate this risk due to their position.
5. The person must have negligently failed to take reasonable steps to reduce or remove the risk. “Negligently” here means the person’s actions fell well below the standard of care expected in the circumstances.

Penalties for Failure by a Person in Authority to Protect a Child from a Sexual Offence:

This is considered a level 6 offence, punishable by up to 5 years imprisonment.

Where will my case be heard?

Failure by a person in authority to protect a child from a sexual offence case can ONLY be heard in the County Court or Supreme Court of Victoria.

Factors and Defences to consider:

• What was your position within the organisation that the child who allegedly required your protection was in?
• Did the alleged risk exist?
• Did you have knowledge of this risk?
• What were the circumstances under which the child was allegedly at risk? 
• What were the surrounding circumstances of this offence?

This is a complex offence which will require an individualised tailored defence strategy. Reach out to an expert criminal defence lawyer today for confidential advice on defences that may be appropriate for your personal circumstances.

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 loitering near schools or other places where children reside as a sexual offender, 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.