Have you been charged with inciting or offering a sexual performance involving a child?

What does it mean to be charged with inciting or offering a sexual performance involving a child?

The offence under Section 49R of the Crimes Act 1958 (“CA”) involves inviting or offering a child to participate in a sexual performance. It applies when someone intentionally invites a child under the age of 18 to take part in such a performance or offers to a third party that the child will do so. The offence also requires that the performance involves some form of payment, reward, or benefit, whether given before or after the performance.

A sexual performance is defined as a live performance, either in person or through electronic communication, that is, or could reasonably be considered to be, for the sexual arousal or gratification of any individual involved or watching.

What must the prosecution prove?

1. You intentionally invited the alleged victim to take part in a sexual performance; or
2. You offered to a third person that the alleged victim would participate in a sexual performance; and
3. The invitation or offer involved the expectation that payment, reward, or other benefit would be received by any person; and
4. The alleged victim was under the age of 18 at the time.

Penalties for Inviting or offering a sexual performance involving a child:

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

Where will my case be heard?

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

Factors and Defences to consider:

For the offences under sections 49R(1), there is a defence available if the following conditions are met:

1. ‘B’ (the alleged victim) was 12 years of age or more at the time of the conduct; and
2. ‘A’ (the defendant) reasonably believed that ‘B’ was 18 years of age or more.

The defendant (A) bears the burden of proving this defence on the balance of probabilities, meaning they must show it is more likely than not that they held this reasonable belief.

A mistaken but honest and reasonable belief that the invitation or offer did not involve payment, reward or other benefit to any person is not a defence to 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.

Other factors to consider:

• What was the nature of activity that involved the alleged child victim? 
• Did you give any person payment, reward or benefit to incite sexual activity?
• Did a sexual performance take place? and if so, who was involved? 
• Why did this performance take place?
• Did you know the age of the child victim?
• What did you do to enquire about the child’s age?
• 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 Inciting or offering 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.