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Written by
Cassie Collier
Criminal Defence Lawyer


Sexual Offences - VIC
Welcome to the VIC Occupier etc. permitting unlawful sexual penetration article page. Everything you need to know about Occupier etc. permitting unlawful sexual penetration according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Occupier etc. permitting unlawful sexual penetration

According to VIC Law for the charge of Occupier etc. permitting unlawful sexual penetration,

Crimes Act 1958 - SECT 54

Occupier etc. permitting unlawful sexual penetration

54. Occupier etc. permitting unlawful sexual penetration

The owner or occupier of, or a person managing or assisting in the management of, any premises must not induce or knowingly allow a child under the age of 17 to enter or remain on the premises for the purpose of taking part in an unlawful act of sexual penetration.

The Maximum Penalty - Occupier etc. permitting unlawful sexual penetration

According to VIC Law for the charge of Occupier etc. permitting unlawful sexual penetration,

10 years imprisonment if the child is aged between 13 and 17 years

15 years imprisonment if the child is aged under the age of 13

What the Police must prove according to VIC Law for Occupier etc. permitting unlawful sexual penetration

(a) The accused was the owner or occupier of premises or a person managing or assisting in the management of premises.

(b) The accused induced or knowingly allowed a child under the age of 17 to enter or remain on the premises.

(c) The purpose for which the child was on the premises was that of taking part in an act of unlawful sexual penetration.

(d) The accused knew of this purpose.

Possible Defences under VIC Law - Occupier etc. permitting unlawful sexual penetration

(a) Factual dispute.

(b) Honest and reasonable mistake of belief.

(c) Lack of intent.

In VIC which court will hear the matter - Occupier etc. permitting unlawful sexual penetration

Magistrates' Court.

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