If you have been charged with abduction of a child under the age of 16 for sexual purpose, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of abduction of a child under the age of 16 for sexual purpose they must satisfy three elements of the offence. They can be found in s 49P of the Crimes Act 1958 (Vic) and are as follows:
- The accused took a child, or caused a child to be taken away;
- Against the will of a person who has lawful charge of the child; and
- The accused intended for the child to take part in an act of sexual penetration outside of marriage, with the accused or any other person.
Will I have to go to court?
Charges for abduction of a child under the age of 16 for sexual purpose will usually be heard in the Magistrates’ Court. However, depending on the circumstances of the offence, and whether there are any other charges being faced, the case may be heard in the County Court.
It is unlikely that a charge for abduction of a child under the age of 16 for sexual purpose will go to a trial with a jury; it will usually be heard by a Magistrate or Judge.
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
The maximum penalty a charge for abducting a child under 16 for sexual purpose is 5 years imprisonment, known as Level 6 imprisonment.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.