The current laws as they stand, and in today’s climate, the ever-growing need for knowing and understanding sexual offence laws is crucial. Sexual offences are regarded as traumatising and can have a significant impact on all the parties involved.
This piece aims to enlightened readers into acknowledging the harshness of these laws and a person can be found guilty of an offence and be placed on the sexual offence’s registration list.
Sexual offences
Sexual offences are held between s 34B-s 53G of the Crimes Act 1958 (Vic). It contains a wide range of both contact and non-contact offences. Non-contact includes and not limited to grooming for sexual conduct with a child under the age of 16 years. Non-contact offences although there is no physical contact with the complainant can carry an extremely large and detrimental punishment such as imprisonment.
Contact offences which are deemed to be sexual in nature can such as sexual assault and rape carry larger punishment than those of non-contact offences.
Sex Offenders Registration Act 2004,
This piece of legislation covers sexual offences and that for potential sex offenders to be placed on the list. The purpose for this legislation is to create a system for sex offenders to report to Victoria Police of their personal information, and to combat re-offending behaviour and to prevent certain offenders to be preventing from working in child-related employment.
Class Offences
The Act also imposes different classes of offences which carry mandatory registration onto the list. There are 4 classes that are covered in the legislation.
Class 1 Offences include:
- Sexual penetration where the person against whom the offence is committed is a child.
- Rape where the offence is committed to a child.
- Incest – An act of sexual penetration with a person whom the perpetrator knows to be his or her child or other lineal descendant or step-child.
- Persistent sexual abuse of a child under the age of 16.
- Facilitating a sexual offence against a child.
- Facilitating sexual offences against children.
- Aggravated sexual servitude.
- Sexual intercourse with child outside Australia
- Sexual activity (other than sexual intercourse) with child outside Australia.
- Procuring child to engage in sexual activity outside Australia.
- Grooming” child to engage in sexual activity outside Australia.
Class 2 Offences Include
- Sexual assault or sexual assault by compelling sexual touching where the person whom the offence is committed is a child.
- Assault with intent to commit a sexual offence, or threat to commit a sexual offence, where the person against the offence is committed to is a child.
- Procuring sexual act by threat if the person against whom the offence is committed is a child.
- Procuring sexual act by fraud if the person whom the offences committed is a child.
- Administration of intoxicating substance for a sexual purpose if the person against whom the offences committed is a child.
- Abduction or detention of a child under the age of 16 for a sexual purpose
- Causing or allowing a sexual performance involving a child.
- Inviting or offering a sexual performance involving a child.
- Involving a child in the production of child abuse material except if the offence only relates to child abuse material that depicts or describes a person who is who appears or is implied to be a child as a victim of cruelty or physical abuse where the cruelty or abuse is not sexual.
- Producing child abuse material.
- Distributing child abuse material.
- Administering a website used to deal with child abuse material.
- encouraging use of a website to deal with child abuse material.
- possession of child abuse material
- accessing child abuse material
- assisting a person to avoid apprehension of child abuse material.
- sexual assault of a person with cognitive impairment or mental illness.
- sexual activity in the presence of a person with cognitive impairment or mental illness if the person in the presence of whom the activity is engaged in is a child.
- causing a person with a cognitive impairment or mental illness to be present during sexual activity if the person in the presence of whom the activity is engaged in is a child.
- Bestiality
- Causing or inducing a child to take part in sex work
- obtaining payment for sexual services provided by a child.
- agreement for provision of sexual services by a child.
- allowing child to take part in Sex work
- domestic trafficking in children.
Class 3 Offences include:
- An offence that involves sexual penetration
- Rape, where the offence is committed to an adult rather than a child.
- Incest an act of sexual penetration with a person who the perpetrator knows to be their child or other lineal descendant or stepchild.
- sexual penetration other person with a cognitive impairment by provider of medical or therapeutic services.
- sexual penetration of a person with a cognitive impairment by a person who provides special programmes.
- compelling another person to take part in the act of sexual penetration.
Class 4 Offences include
- Indecent assault against an adult
- Sexual Assault against a adult or sexual assault by compelling sexual touching
- assault with intent to commit a sexual offence, threat to commit a sexual offence
- Procuring sexual act by fraud
- Administration of an intoxicating substance for a sexual purpose
- Abduction or detention for a sexual purpose
- Indecent act with a person with a cognitive impairment by providers of medical or therapeutic services
- Sexual activity with a person with cognitive impairment or mental illness
- causing a person with cognitive impairment or mental illness to be present during sexual activity using force , threats etc to cause another person to provide commercial sexual service,
- causing another person to provide commercial sexual services in circumstances involving sexual servitude.
- deceptive recruiting for commercial sexual services.
Specified Offences Include
- sexual penetration involving a child under the age of 16.
- sexual assault of a child under the age of 16.
- sexual activity in the presence of a child under the age of 16.
- causing a child under the age of 16 to be present during sexual activity.
- encouraging a child under the age of 16 to engage in, or be involved in, sexual activity.
- involving a child in the production of child abuse material
- Producing, distributing, possessing, and accessing child abuse material
- Producing and possessing child pornography
Automatic Registration
Under the Act, an offender automatically becomes a registrable offender when they are sentenced for offending in a class 1 or 2 offence. These are taken as very serious matters and require mandatory registration. Furthermore, a court can make an order for an offender if they received a term of imprisonment for a serious sex offence, upon release the court must make a sex offender registration order.
Sex Offender Registration Order
Under s 11 of the Act, the prosecution may apply to the court for a sex offender registration order. Offences which warrant the prosecution to apply to the court for the order are class 3 and 4 offences.
The court then has the discretion to make the order after taking into account any matters that it considers appropriate, and it is satisfied that the person poses a risk to the sexual safety of the community. If the court deems that the person poses a risk to the community taking into account all the relevant factors which is done on a case-to-case basis, then the order would be made.
Consequences of the Order
Once the order has been made, then you must comply with all the reporting obligations for period of time. They range from the 8 years to life based on the severity of the offending and the class of offence.
The person subject to an order must the report their personal details to Victoria Police every year. These details include, but not limited to name, address, contact information, employment, details of affiliation with an club where there are children present, information and the name of children with whom they have been in contact with, and if the person leaves Victoria, the reason for leaving the state.
If a person upon who the order is made does not comply with the relevant reporting obligations fails to comply with any of the reporting obligations, they are liable for a term of imprisonment.
If you are wanting more information about how the applicable law affects you, please speak to one of our friendly lawyers at Jay & Co Barristers and Solicitors.
