Indecent Act with a Child Under the Age of 16 (Repealed 1 July 2017)

***THIS OFFENCE IS NOW REPEALED***

Have you been charged with the old offence of committing an Indecent Act with a Child Under the Age of 16?

Indecent Act with a Child Under the Age of 16 under the now-repealed Section 47 of the Crimes Act 1958 involved a person committing, or being involved in, an indecent act with a child under the age of 16.

The offence recognised the serious implications of such acts on minors and reflected community standards regarding decency and the protection of children. Although this section has been repealed as of July 1, 2017, charges related to acts committed before this date still fall under this provision, requiring legal expertise to navigate the complexities of the law.

What must the prosecution prove?

For the prosecution to secure a conviction for an Indecent Act with a Child Under the Age of 16, it must prove the following elements beyond a reasonable doubt:

1. You committed an act that right-minded persons would consider contrary to community standards of decency.
2. The act was committed with or in the presence of a child under the age of 16, to whom you were not married.

Penalty for indecent acts with a child under the age of 16:

The maximum penalty for committing an Indecent Act with a Child Under the Age of 16 is Level 5 imprisonment, which carries a maximum sentence of 10 years.

Where will my case be heard?

Cases involving this offence can only be heard in the Magistrates’ Court of Victoria, with more serious examples potentially escalated to the County Court for prosecution.

Factors and defences to consider:

• Did you reasonably believe the child was 16 or older?
• Was the age gap between yourself and the victim less than two years?
• Were you married to the victim?
• Do you have any prior convictions of a similar nature?
• Do you suffer from mental health or cognitive impairments that could have affected your judgment?
• 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 an Indecent Act with a Child Under the Age of 16, it is crucial to seek the assistance of a specialist criminal lawyer with experience in sex offences.

Early legal advice and thorough preparation are vital for addressing the charges effectively and understanding your rights and options.

An expert at MK Law can guide you through the court process and represent you. They will help you with a tailored defence strategy that will aid your offence giving you the fairest and best outcome in your circumstances.

Do not delay, contact MK Law on 1800 130 120.