What does it mean to be Charged with Administration of an Intoxicating Substance for a Sexual Purpose?
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What does it mean to be Charged with Administration of an Intoxicating Substance for a Sexual Purpose?
Being charged with “administration of an intoxicating substance for a sexual purpose” under Section 46 of the Crimes Act 1958 (“CA”) means that a person (referred to as “A”) is accused of intentionally administering or facilitating the administration of a substance that can impair another person’s (referred to as “B”) ability to give consent for sexual activity.
What the Prosecution Must Prove?
- Administration of an intoxicating Substance:
- ‘A’ directly administered the intoxicating substance to ‘B’.
- Alternatively, ‘A’ caused ‘B’ to take the intoxicating substance themselves.
- Or ‘A’ caused another person to administer the intoxicating substance to ‘B’.
- Intent:
- ‘A’ intended for the administration of the intoxicating substance to render ‘B’ incapable of withholding or withdrawing consent or resisting participation in a sexual act. This means demonstrating that ‘A’ had the specific intent to impair ‘B’s’ ability to make an informed decision regarding sexual activity.
- ‘A’ intended for the administration of the intoxicating substance to facilitate ‘B’s’ participation in a sexual act with either ‘A’ or another person. This requires establishing that ‘A’s’ actions were aimed at enabling sexual activity under circumstances where ‘B’ could not adequately consent.
What is an Intoxicating Substance?
The legislation defines “intoxicating substance” as any substance that has the potential to impact a person’s senses or understanding. It must be a substance that can render the other person unable to resist, or one that the defendant believes has that capacity.
Penalties involving Administration of an Intoxicating Substance for a Sexual Purpose:
This is a serious conviction which carries with it a level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Administration of an Intoxicating Substance for a Sexual Purpose cases will be heard in the Magistrates’ Court of Victoria with more serious examples being heard in the County Court.
Factors and defences to consider:
- Did you receive voluntary consent from the victim?
- Did you intend to impair the victim’s capacity to consent?
- Did the victim consent to the administration of intoxicating substance/s?
- Do you have an alibi?
- Did you intend to administer the intoxicating substance for sexual purposes?
- Do you have a mental or cognitive impairment?
- What is your relationship with the victim?
- Did you act alone or with another person/s?
- What were the surrounding circumstances of this offence?
- Do you have any previous convictions of a similar nature to this 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 administration of an intoxicating substance 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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