Have you been charged with Persistent Sexual Abuse of a Child under the age of 16?

What does it mean to be Charged with Persistent Sexual Abuse of a Child under the Age of 16?

Being charged with persistent sexual abuse of a child under the age of 16 means that a person (referred to as A) is accused of sexually abusing a child (referred to as B) on at least three occasions during a specified period. This charge is particularly significant because it allows for a broader assessment of the defendant’s conduct rather than requiring detailed proof of each individual incident. This offence is covered under Section 49J of the Crimes Act 1958 (“CA”).

What does the prosecution have to prove?

To secure a conviction for persistent sexual abuse of a child under the age of 16, the prosecution must prove the following key elements beyond a reasonable doubt:

1. The prosecution must establish that the accused (A) committed at least one act of sexual abuse against the alleged victim.
2. The prosecution must demonstrate that the act of sexual abuse occurred on at least three occasions. These incidents must be proven to have occurred during a specified timeframe, indicating a pattern of behaviour rather than isolated acts.

The prosecution must prove that the alleged victim was under the age of 16 during the entire period in which the sexual abuse took place.

What does Sexual Abuse mean?

Sexual abuse is defined as any act of a sexual nature that involves the exploitation or violation of another person’s sexual integrity, particularly when it involves a child.

Penalties for charges of Persistent Sexual Abuse of a Child under the Age of 16:

This is an extremely serious offence carrying a level 2 imprisonment being a maximum of 25 years.

Where will my case be heard?

Persistent sexual abuse of a child under the age of 16 charges can ONLY be heard in the County Court or the Supreme Court of Victoria.

Factors and Defences to consider:

• Did you sexually abuse a child under the age of 16? 
• Have you been charged with other offences relating to sexual offences?
• Did you do this on more than one occasion?
• Do you have any potential defences?

A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to 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 persistent sexual abuse of 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.