Have you been charged with sexual penetration of a stepchild?
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What does it mean to be Charged with Sexually Penetrating a stepchild?
Under Section 50D of the Crimes Act 1958 (“CA”), the offence of sexual penetration of a stepchild occurs when:
- Person A (the accused) intentionally:
- Sexually penetrates Person B (the stepchild), or
- Causes or allows Person B to sexually penetrate Person A.
- Person B is a child or lineal descendant (e.g., child, grandchild) of Person A’s spouse or domestic partner.
- Person A knows that Person B is the child or lineal descendant of their spouse or domestic partner.
What must Prosecution Must Prove:
To secure a conviction for the sexual penetration of a stepchild under Section 50D, the prosecution must establish the following elements beyond reasonable doubt:
- That Person ‘A’ intentionally either:
- Penetrated Person ‘B’, or
- Allowed or caused Person ‘B’ to penetrate them.
- (Sexual penetration includes any act involving the introduction of a part of one person’s body or an object into another person’s vagina, anus, or mouth.)
- Person ‘B’ is the child or lineal descendant of Person ‘A’s’ spouse or domestic partner. This includes biological children, stepchildren, grandchildren, and descendants in the same line.
- Person ‘A’ must have known that Person ‘B’ is the child or lineal descendant of their spouse or domestic partner.
What constitutes penetration?
According to Section 37D of the CA, “sexual penetration” is defined as:
- The introduction (to any extent) by a person of:
- Any part of their body (including the penis) into another person’s vagina, anus, or mouth.
- An object or part of the body (other than the penis) into another person’s vagina or anus.
- The continuation of such penetration is also included, meaning that once penetration occurs, the act is considered ongoing until it stops.
Penalties for sexual penetration of a stepchild:
The maximum penalty for this offence is 25 years imprisonment (level 2 imprisonment).
Where will my case be heard?
Sexual penetration of a stepchild cases can ONLY be heard in the County Court or Supreme Court of Victoria.
Factors and Defences to consider:
The CA provides a defence under Section 50H to a charge of sexual penetration of a stepchild if the accused (Person A) did not consent to the conduct constituting the offence. This section acknowledges situations where Person A may have intentionally engaged in the conduct but did so without genuine consent.
B’s consent is not a defence to this offence.
Other factors to consider:
- Did sexual penetration occur between you and the alleged victim?
- What is the relationship between you and the alleged victim?
- At any time when the alleged victim was under the age of 18, were you in a role where you had responsibility for their care, supervision, or authority?
- Did you voluntarily agree to any sexual penetration that may have occurred?
- Do you have legal authorisation to penetrate the victim such as a medical license?
- What were the surrounding circumstances of 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.
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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 Sexual penetration of a stepchild, 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.
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