Have you been Charged with Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud?
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
What does it mean to be Charged with Procuring Sexual Act by threat/s?
This offence involves a person (A) making a threat to cause harm to another person (B), a third party, or an animal with the intention of coercing B (or another person) into participating in a sexual act with ‘A’ or another person. This offence is covered under Section 44 of the Crimes Act 1958 (“CA”).
What must the prosecution prove?
- ‘A’ made a threat to ‘B’ that harm will be caused to ‘B’, another person, or an animal.
- ‘A’ intended that ‘B’ would believe, or believed that ‘B’ would probably believe, the threat of harm.
- As a result of the threat, B (or another person) participated in a sexual act with A or another person, either at the time of the threat or later.
- ‘A’ intended that the threat would lead to ‘B’ or another person taking part in a sexual act.
The threat can be explicit or implicit and conveyed by words or conduct.
What does it mean to be Charged with Procuring Sexual Act by Fraud?
This offence involves a person (A) making a false or misleading representation to another person (B) to deceive them into participating in a sexual act with A or another person.
What must the prosecution prove:
- ‘A’ made a false or misleading representation.
- ‘A’ knew the representation was false or misleading, or believed it was probably false or misleading.
- As a result of ‘A’s’ false or misleading representation, ‘B’ participated in a sexual act with A or another person, either at the time the representation was made or later.
- ‘A’ intended that ‘B’s’ participation in the sexual act would result from the false or misleading representation.
The false or misleading representation can be made through words, conduct (including omission), and can be explicit or implicit.
What does ‘Procuring’ mean?
“Procuring” refers to the act of causing or persuading someone to engage in a particular act, often through influence, coercion, or inducement. In the context of the CA, procuring a sexual act means causing or inducing another person to take part in a sexual act, whether through threats, fraud, or coercion.
What does ‘Threat’ mean?
Under section 35A(1) of the CA, a threat is defined broadly and can be made by words or conduct, whether explicit or implicit. A threat conveys an intention to:
- Cause harm of any kind to a person, animal, or another person.
- The person making the threat intends that the victim will believe, or has reasonable grounds to believe, that the threat will be carried out.
In the context of sexual offenses, a threat can involve causing harm to force or procure a sexual act.
What does ‘Fraud’ mean?
“Fraud” involves a false or misleading representation. According to section 45 of the CA, the elements of fraud in procuring a sexual act include:
- A person knowingly makes a false or misleading representation.
- The person knows that the representation is false or likely false.
- As a result, the other person engages in a sexual act with the offender or another person.
A fraudulent representation can be made through words or conduct, either explicitly or implicitly.
Penalty for Procuring Sexual Act by Threat:
- Level 5 imprisonment: Maximum penalty of 10 years imprisonment.
Penalty for Procuring Sexual Act by Fraud:
- Level 6 imprisonment: Maximum penalty of 5 years imprisonment.
Where will my case be heard?
Procuring Sexual Act by Threat or Fraud cases will be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
Did you make a threat to the victim?
- What exactly was the nature of this threat?
- Did the victim genuinely believe that you would carry out the threat?
- Did you intend for the victim to believe the threat, or did the victim have reasonable grounds to fear that the threat would be carried out?
- How is the threat connected to the sexual act?
- Did the threat directly cause the sexual act to take place?
- Did the sexual act happen immediately, or did it occur later because of the victim continuing to believe the threat?
- What is your relationship with the victim?
- Did you use deception or fraud to obtain the sexual act?
- What kind of fraud or false information was involved?
- Did the victim realise that the representation was false or misleading, or suspect that it might be?
- Did you intentionally use false information to make the victim engage in a sexual act?
- Is there a clear link between the false statement and the victim’s decision to engage in the sexual act?
- Did the sexual act happen immediately or later because of the false or misleading information?
- Do you have an alibi for the time of the alleged offense?
- Do you have any mental health or cognitive conditions that could affect your actions or intent?
- What were the surrounding circumstances of the offense?
Testimonials
What people Say
-
I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
-
Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More5/5
-
I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read More5/5
-
Marie Lukic defended me and l couldn’t be happier with the results, she listened too what l said and was able too put in her words too get me th... Read More5/5
-
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 procuring sexual act by threats or fraud, 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.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au