Have you been charged with Persistent Sexual Abuse of a Child under the age of 16?
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
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 among sexual offences 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:
- The prosecution must establish that the accused (A) committed at least one act of sexual abuse against the alleged victim.
- 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.
Testimonials
What people Say
- I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a prio...I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a priority. Very Fair on price, they will be my first point of call if I ever need Lawyer help or Advice. So thank you Mk Law. Kind regards. G
G Ambrose - Excellent service and professional support. My case was handled efficiently by Daniel Moon, and I was kept informed throughout. Truly appreciate the care and effort.
Shehroz Obaid - I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding a...I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding and educated when dealing with the matter, while also keeping me informed in any steps.
Gabby Poposki - I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what...I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what was a stressful situation for me. He took his time to explain the court system and process as it was my first time. He displayed a strong attention to detail, understanding and handled my case with professionalism. I am very satisfied with the results. I highly recommend his service to anyone needing legal assistance.
isteevan Younus
Sexual assault and rape
- Sexual Assault
- Rape or Rape by Compelled Penetration
- 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
- Abduction or Detention for a Sexual Purpose
- Sexual Activity Directed at Another Person
Offences against children
- Sexual Penetration of a Child Under the Age of 12
- Indecent Act with a Child Under the Age of 16
- Grooming for Sexual Conduct with a Child under the Age of 16
- 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
- Failure by a Person in Authority to Protect a Child from a Sexual Offence
Children aged 16 or 17 under care, supervision or authority
Child abuse material
Family members
Cognitive impairment or mental illness
Sexual servitude and commercial sexual services
Sex offender registration and related
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.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au