Have you been charged with facilitating a sexual offence against a child?

What does it mean to be charged with facilitating a sexual offence against a child?

Section 49S of the Crimes Act 1958 (“CA”) criminalises actions that assist, aid, or contribute to another person (B) committing a sexual offence against a child. The focus is on individuals (A) who, with intent, facilitate or enable sexual conduct with a child, whether or not the act occurs in Victoria. The offence also includes indirect facilitation, such as making travel arrangements or allowing a child to enter certain premises.

The law is designed to hold accountable anyone who plays a role in the commission of sexual offences against children, including those who benefit from the act or are aware that their actions are contributing to the offence.

What must the prosecution prove?

1. The accused (A) must have engaged in conduct that aids, facilitates, or contributes in any way to another person (B) engaging in sexual conduct with a child.

This can include actions such as making travel arrangements or allowing a child to remain on premises controlled by ‘A’.

2. ‘A’ intended their actions to facilitate ‘B’s’ sexual conduct with a child; or
3. ‘A’ knew that their actions would, or probably would, aid or facilitate ‘B’s’ sexual conduct with a child.

4. ‘A’ engaged in this conduct with the intention of obtaining a benefit for themselves or another person (C).

5. The sexual conduct by ‘B’ involving the child must either:

   • Constitute an offence under Victorian law (sections 38(1), 39(1), 40(1), or 41(1)), or;
   • Constitute an offence under Australian federal law (Division 272 of Chapter 8 of the Criminal Code), or;
   • Occur outside Victoria but still constitute an offence if it were to occur in Victoria.

Penalties for facilitating a sexual offence against a child:

The penalty for this offence is severe, with a maximum of 20 years’ imprisonment.

Where will my case be heard?

Facilitating a sexual offence against a child case can ONLY be heard in the County Court or Supreme Court of Victoria.

Factors and Defences to consider:

• Did you assist, enable, or contribute in any way to someone else engaging in sexual activity involving a child?
• Did you arrange travel for someone, knowing it would help them commit a sexual offence against a child?
• Did you knowingly permit a child to enter or stay on your premises to facilitate someone else’s sexual activity with that child?
• What were the surrounding circumstances of your offence?

A mistaken but honest and reasonable belief that B’s engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence, 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.

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• 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
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• 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
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you have been charged with facilitating a sexual offence against a child, 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.