Sexual penetration child under 16 years, Count...
ADLA member for - VIC
Written by
Paul McClure
Criminal Defence Lawyer
Sexual Offences
A Case Study: Sexual penetration child under 16 years, County Court Plea
Date: 01/09/2009
28542
The Name of the Offence
Sexual penetration of a child under 16 years
Place of the event
Heathcote
The court attended
Bendigo County Court
Acting Solicitor: Paul McClure
Facts of the Case
The client was charged with sexual penetration of a child under 16 years, as well as indecent act with a child under 16 years. The client and the complainant were step-brothers. The offending occurred when the client was aged 13 to 14 years of age, and the complainant aged 8 to 9 years. Because the complainant was aged under 10 years at the time of the offending, the maximum penalty is 25 years' imprisonment. The offending alleged included oral sex, anal penetration, and masturbation.
Results Achieved
The client was aged 19 at the time of sentencing. He had had no subsequent Court appearances since the offending occurred. He was employed full time and undertaking an apprenticeship. His parents were supportive of him, and he had engaged in psychological treatment to deal with issues of depression, anxiety, and anger relating to the pending Court process. The Judge was of the opinion that he had good prospects of rehabilitation, given his lack of subsequent Court appearances and his age; he was also of the opinion that he ought not interfere with his employment as an apprentice. He received a total effective sentence of 14 months, which was wholly suspended for 2 years. Given his age at the time of the offending, the Judge exercised his discretion in not placing the client on the Sex Offenders Register.
