Have you been Charged with Abduction or Detention for a Sexual Purpose?
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What does it mean to be Charged with Abduction or Detention for a Sexual Purpose?
Being charged with abduction or detention for a sexual purpose under Section 47 of the Crimes Act 1958 (“CA”) involves serious allegations concerning the non-consensual taking or detaining of an individual. A person (referred to as “A”) commits this offense if they directly take away or detain another person (referred to as “B”) or cause ‘B’ to be taken away or detained by another person, all without ‘B’s’ consent. Importantly, ‘A’ must know that ‘B’ does not consent to this action or probably knows that ‘B’ does not consent. The charge also requires that ‘A’ intends for ‘B’ to participate in a sexual act with ‘A’, another person (C), or both. Alternatively, ‘A’ may be charged if they intend for ‘B’ to marry either ‘A’ or ‘C’, irrespective of ‘B’s’ consent to the marriage.
What the Prosecution Must Prove:
To secure a conviction for abduction or detention for a sexual purpose, the prosecution must prove the following elements beyond a reasonable doubt:
- Taking or Detaining:
- ‘A’ must have taken away or detained ‘B’ or caused ‘B’ to be taken away or detained by another person.
- Lack of Consent:
- ‘B’ did not consent to being taken away or detained.
- Awareness of non-consent:
- ‘A’ knew that ‘B’ did not consent to being taken away or detained or probably knew that ‘B’ did not consent.
- Intent for Sexual Purposes:
- ‘A’ intended for ‘B’ to take part in a sexual act with ‘A’, another person (C), or both, or intended for ‘B’ to marry ‘A’ or ‘C’.
What does Abduction mean?
- “Abduction” typically means the unlawful taking away or removal of a person from one place to another without their consent. This action can involve forcibly moving someone against their will or deceiving them into leaving a location. The key aspect of abduction is the lack of consent from the individual being taken away.
What does Detention mean?
- “Detention” refers to holding or restraining a person against their will, effectively restricting their freedom to leave. This can involve physical confinement or coercion, preventing the individual from moving freely. Like abduction, detention also requires that the person being detained does not consent to this action.
Key Points in the Context of the Act:
- Non-Consent: For both abduction and detention, it is crucial that the person (referred to as “B”) does not consent to being taken away or detained. Consent is a central element that distinguishes lawful actions from unlawful ones.
- Knowledge of Non-Consent: The person accused of the offense (referred to as “A”) must know or probably know that ‘B’ does not consent to the abduction or detention. This knowledge is essential for establishing the culpability of ‘A’.
- Intent for Sexual Purpose: The legislation specifically focuses on the intention behind the abduction or detention, which must be for sexual purposes. This can include the intent for ‘B’ to participate in a sexual act or for ‘A’ or another person (C) to marry ‘B’.
Penalties for Abduction or Detention:
Abduction or detention for sexual purpose cases can be heard in the Magistrates’ Court, more serious offending will be heard in the County Court of Victoria.
Where will my case be heard?
Abduction or detention for sexual purpose cases will be heard in the Magistrates’ Court, more serious offending will be heard in the County Court of Victoria.
Factors and Defences to consider:
- Did you receive consent from the victim?
- Did you intend to engage in a sexual act with the victim? Or intend them to engage in a sexual act with someone else?
- Did you intentionally detain the victim? Or take them somewhere against their will?
- Did you intentional abduct the victim?
- Was your intent to abduct or detain the person for a sexual purpose?
- What is your relationship with the victim?
- Did you act alone or with someone else?
- Do you have any previous convictions of a similar nature?
- Is there physical evidence, witness testimony, or other documentation that corroborates the prosecution’s claims of abduction or detention?
- What were the surrounding circumstances of your offence?
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If you have been charged with abduction or detention for a sexual purpose, your next step is to schedule an initial consultation with an expert at MK Law, where you’ll discuss your case in detail, allowing the lawyers to assess your situation and provide preliminary advice. They will then review the information, possibly request additional evidence or documentation, and tailor a defence strategy specific to your circumstances. MK Law will keep you updated throughout the process, offering legal advice and preparing you for any court appearances. If your case proceeds to court, MK Law will represent you, advocating for the best possible outcome. To start, simply reach out by phone on 1800 130 120 or through their website to arrange the consultation.
For more information on specific charges regarding sexual assault, see our other publications.
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