Bestiality
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Have you been charged with Bestiality?
If you have been charged with Bestiality under Section 54A of the Crimes Act 1958 (“CA”), it’s essential to recognise the seriousness of the allegation, which carries not only a maximum penalty of 5 years in prison but also significant social stigma.
It’s crucial to evaluate whether the prosecution can establish their case against you. They must prove the specifics of the charge, particularly whether you engaged in penetrative sexual acts with an animal.
A charge of bestiality requires a person to commit an offence by intentionally sexually penetrating an animal or causes/allows an animal to sexually penetrate them.
What must Prosecution Must Prove:
The prosecution must demonstrate that:
- You engaged in sexual penetration of an animal; or
- You caused or permitted an animal to sexually penetrate you.
Penalties of bestiality:
This is a serious offence which carries with it a Level 6 imprisonment with a maximum penalty of 5 years.
Where the Case Will Be Heard:
Bestiality cases are typically heard in the Magistrates’ Court of Victoria.
Factors and defences to consider:
- Did you intentionally engage in sexual relations with an animal?
- Do you have any prior convictions of a similar nature?
- What were the surrounding circumstances of this offence?
Common questions about bestiality charges
It is a charge under section 54A of the Crimes Act 1958. The prosecution must prove that you intentionally sexually penetrated an animal, or that you intentionally caused or allowed an animal to sexually penetrate you. There is an exception for conduct during a procedure carried out in good faith for veterinary, agricultural or scientific research purposes.
Yes. Bestiality is a crime in Victoria under section 54A of the Crimes Act 1958, and the maximum penalty is 5 years in prison. The court can also fine you up to 600 penalty units ($125,460), with or without a prison term.
Victoria’s bestiality offence does not use that phrase. Section 54A of the Crimes Act 1958 uses “sexual penetration”, a term the Act defines. You sexually penetrate an animal, or are sexually penetrated by one, if the conduct would count as sexual penetration were the animal a person. Penetration to any extent is enough. Where the definition refers to the vagina or anus, for an animal that includes any similar part of its body.
It can be either. Bestiality is an indictable offence, but section 29 of the Criminal Procedure Act 2009 lets the Magistrates’ Court decide it if you consent and the court considers that appropriate. If either condition is missing, you are committed for trial in the County Court or the Supreme Court. A magistrate can impose at most 2 years in prison and a fine of 500 penalty units ($104,550) for the charge.
If you committed the offence as an adult, yes. Bestiality is a Class 2 offence under the Sex Offenders Registration Act 2004. Being sentenced for one committed as an adult makes you a registrable offender with reporting obligations. If you have only ever been found guilty of a single Class 2 offence, the reporting period is 8 years. For an offence committed as a child, registration is not automatic.
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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
- Persistent Sexual Abuse of 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 charged with Bestiality, it is imperative to consult an experienced criminal lawyer at MK Law as soon as possible. Early legal guidance is crucial to prepare your case and strategise effectively. Your lawyer will help you gather evidence, assess the strength of the prosecution’s case, and identify potential defences.
Avoid delaying your preparations, as proactive steps are essential for achieving the best possible outcome. Schedule a meeting with a knowledgeable lawyer today to discuss your situation in detail. Call 1800 130 120 for expert confidential advice.
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