Victoria’s Crimes Act 1958 criminalises a wide range of conducts against children, including sexual abuse, grooming, communication with intention of facilitating involvement with a sexual offence, indecent actions are more. These offences are all ‘indictable offences’, meaning they are serious offences that will need to be tried in a superior court like the County Court of Victoria. ‘(8B) Sexual offences against children’ in the Crimes Act (ss 49A–49ZC) sets out a vast majority of these offences, exceptions and defences.
Looking at the Crimes Act
Some sexual crimes against children listed in the Crimes Act include the following:
- Having sex with a child under the age of 12, 16 or with a child under 18 that is under supervised care;
- Sexually assaulting children under 16, or children under supervised care;
- Engaging in sexual activity in the presence of children;
- Grooming; and
- Sexual abuse of children.
Importantly, these offences are also met with other provisions that negate possible defences, for example that raising the defence of consent is not applicable to crimes involving children aged 16 or 17. There are also exceptions, where the accused is married or similar in age to the victim, or is in a domestic partnership with the victim.
Special Protections to Evidence and Procedure
The Criminal Procedure Act also offers a number of various protections and arrangements to children complainants in cases of sex offences.
Since child complainants are typically considered vulnerable witnesses, they may, instead of fronting an accused in court when giving evidence (which may intimidate a child), decide to give evidence through recorded interviews or CCTV. A similar approach is also found in cross-examination, whereby their cross-examination may be done before trial and later be played in court.
There are also a number of directions a judge may give to a jury under the Jury Directions Act that seek to correct common misconceptions on behaviour.
For instance, the Victorian Law Reform Commission (VLRC) notes, “because abuse of children may have occurred over a long period, complainants may find it difficult to recall details of particular incidents of abuse.” Even when they do recall such details, such recollection may inhibit their recovery from the trauma of such offences.
These explanations may help a jury understand as to why perhaps the complainant delayed in reporting the offence, or why the child delayed in making a complaint.
Children are also offered services from the Child and Youth Witness Service (CYWS), which aims to support minors in giving evidence with effective communication. Such child complainants are also usually handled by specialised police officers who work in dedicated sexual offence and child abuse units.
Reporting Obligations
As of October 2014, the Victorian Government introduced the ‘failure to disclose offence’, applicable to all adults who fail to disclose sexual abuse of a child to police. The scope of this offence is not limited to working professionals who undertake daily work with children, but rather includes all adults. This leaves any adult, who has a reasonable belief that a child was sexually abused, to report such abuse to Victoria Police.
In 2015, the government also introduced a separate offence that applies to individuals in organisations who knew children were susceptible to sexual abuse, having the authority to reduce or remove that risk, and negligently ‘failed to protect’ children.
Key Takeaways
- Victoria’s Crimes Act covers a wide range of sexual offences against children, including abuse, grooming, sexual communication and more, all considered serious offences.
- Defences to such crimes typically reject consent, though some defences exist for marriage, domestic partnership or close in age relationships.
- Child complainants, as vulnerable witnesses, can exercise exclusive arrangements to give evidence, via recorded interview, CCTV etc.
- Adults are required to report child sexual abuse, and professionals in such environments may be held legally liable for negligently not mitigating risk to such children.
Take the First Step Towards a Favourable Outcome
If you’re facing charges of a sexual offence, don’t wait. Jay and Co Barristers and Solicitors are here to safeguard your rights, reduce the impact on your life, and guide you through the legal process with confidence.
Our team is dedicated to helping you achieve the best possible outcome, whether negotiating reduced penalties or building a strong defence in court. Contact us today for a free consultation, and let’s work together to address your driving offence and protect your future.
Disclaimer
This information is general and should not replace professional legal advice. If you are facing a driving offence, contact Jay and Co for advice tailored to your situation.
