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Indecent act with a child under the age of 16
Indecent act with a child under the age of 16
Written by
Shaun Pascoe
Criminal Defence Lawyer
What the Law states - Indecent act with a child under the age of 16
Crimes Act 1958 - SECT 47
Indecent act with child under the age of 1647. Indecent act with child under the age of 16
(1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16 to whom he or she is not married.
(2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence-
(a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or
(b) the accused was not more than 2 years older than the child; or
(c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child.
(3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent.
Maximum Penalty in Victoria
10 years maximum
What the Prosecution must prove - Indecent act with a child under the age of 16 - Vic
(a) The accused wilfully committed an indecent act with or in the presence of a child under 16 years.
Possible Defences - Indecent act with a child under the age of 16
(a) Consent.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) The accused is less than 2 years older than the complainant.
Which court will hear the charge of Indecent act with a child under the age of 16
Generally County Court.
