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Administration of drugs for sex
Administration of drugs for sex
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Administration of drugs for sex
Crimes Act 1958 - SECT 53
Administration of drugs etc.53. Administration of drugs etc.
(1) A person must not-
(a) administer a drug, matter or thing to a person; or
(b) cause a drug, matter or thing to be taken by a person-
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person. Penalty: Level 5 imprisonment (10 years maximum).
(2) A person must not-
(a) administer a drug, matter or thing to a person; or
(b) cause a drug, matter or thing to be taken by a person-
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to commit, or in any way be a party to the commission of, an indecent act with that person. Penalty: Level 6 imprisonment (5 years maximum).
(3) In subsection (2), indecent act means an indecent assault in any of the circumstances referred to in section 39(2) or an indecent act in any of the circumstances referred to in section 47, 49, 51(2) or 52(2).
Maximum Penalty in Victoria
5 years or 10 years depending on the subsection charged under.
What the Prosecution must prove - Administration of drugs for sex - Vic
(a) The accused administered a drug, matter or thing to another person or caused a drug, matter or thing to be taken by another person.
(b) The accused did so with the intention of rendering that other person incapable of resistance and thereby enabling an act of sexual penetration.
Possible Defences - Administration of drugs for sex
(a) Consent.
(b) Duress.
(c) Factual dispute.
(d) Identification dispute.
(e) Lack of intent.
Which court will hear the charge of Administration of drugs for sex
County Court.
