Have you been Charged with Grooming for Sexual Conduct with a Child under the Age of 16?

What does it mean to be charged with Grooming for Sexual Conduct with a Child under the Age of 16?

Being charged with grooming for sexual conduct with a child under the age of 16 means that an adult (18 years or older) has communicated with a child under 16 or with someone responsible for the child, with the intention of facilitating the child’s involvement in a sexual offence. This offence is covered under Section 49M of the Crimes Act 1958 (“CA”).

A grooming charge focuses on the nature of your communication. If a sexual offence occurred because of the grooming, you would need to refer to the relevant sections on those specific charges—such as sexual penetration or sexual assault of a child under 16—for information on possible defences and exceptions.

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The alleged encouragement doesn’t have to happen in person; it can be through electronic means, such as Snapchat or email. Either you, the child, or the child’s carer, supervisor, or someone in authority must have been in Victoria during some part of the alleged communication. If none of these individuals were in Victoria, the planned offence must be intended to take place there.

What does the prosecution have to prove?

1. You are 18 years of age or older;
2. You communicated, either through words or actions, with the alleged victim (who is under 16) or with someone responsible for the alleged victim’s care or supervision; and
3. The communication was intended to involve the alleged victim in the commission of a sexual offence.

What is ‘Grooming’?

Grooming generally refers to any behaviour by an adult aimed at making it easier to engage a child under 16 in sexual activity, either with themselves or another person. Simply put, grooming involves actions that prepare or manipulate a child for future sexual exploitation.

Penalties for Grooming a child under the age of 16 for sexual conduct:

This offence carries a level 5 imprisonment, which is punishable by a maximum sentence of up to 10 years.

Where will my case be heard?

Grooming to sexual conduct with a child under the age of 16 cases can ONLY be heard in the County Court or the Supreme Court of Victoria.

Factors and Defences to consider:

• What was the nature of communication with the child? 
• What was your intention with this communication?
• Did you communicate with another adult regarding the child?
• What was the purpose of this communication?
• How old was the child?
• Do you have any mental health or cognitive impairments which may have contributed to your communication?
• What were the surrounding circumstances of this offence?

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 grooming for sexual conduct with a child under the age of 16, 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.