Bigamy
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Have you been charged with Bigamy?
Under Section 64 of the Crimes Act 1958 (“CA”) It is an offence if you commit Bigamy, it is essential to understand the implications of this serious offence.
Bigamy occurs when an individual marries someone while still being legally married to another person. This charge carries significant legal consequences, including potential imprisonment.
What must Prosecution Must Prove?
- You went through the form or ceremony of marriage with another person.
- You had previously entered into a valid marriage with another person.
- The first spouse was still alive at the time the defendant engaged in the subsequent marriage ceremony.
- The first marriage had not been terminated (through divorce or annulment) at the time of the second marriage ceremony.
Penalty for bigamy:
This charge carries with it a Level 6 imprisonment with a maximum penalty of 5 years.
Where the Case Will Be Heard:
Bigamy cases are heard in the Magistrates’ Court of Victoria.
Factors and defences to consider:
- Did you engage in more than one marriage at a time?
- Did you have genuine reason to believe your first spouse was deceased?
- Did you have reason to believe that the first marriage was invalid due to circumstances like a supposed divorce or annulment.
- What were the surrounding circumstances of 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 Bigamy, it is crucial to seek the advice of an experienced criminal lawyer at MK Law as soon as possible.
Adequate preparation is essential to effectively address the charges against you. Your lawyer can help you assess the strength of the prosecution’s case, explore viable defences, and prepare you for court proceedings. Timely engagement with a legal professional can significantly influence the outcome of your case, so make an appointment to discuss your situation today. Contact 1800 130 120 today for expert confidential advice to aid you in your circumstances.
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- marcus@mklawfirm.com.au