Sexual Exploitation of a Child or Young Person Offences in Victoria: Charges, Court Process, Penalties, and Examples

Sexual exploitation of a child or young person is a grave criminal offence in Victoria, Australia. It involves engaging in or encouraging a child or young person to engage in, sexual activity to obtain financial or other material benefits. The law governing this offence is primarily contained in the Crimes Act 1958 (Vic).

How Police Lay Charges for Sexual Exploitation Offences

1. Reporting the Offence: The process usually begins with the victim, a guardian, or a witness reporting the offence to the police. The police will then conduct an investigation, which may involve collecting physical evidence, interviewing witnesses, and obtaining statements.
2. Laying of Charges: If the police believe there is enough evidence, they will lay charges against the offender. The offender will then be arrested and brought before a court.

Court Process for Exploitation of a Child Offences

1. Filing Hearing: After the charges are laid, the first court appearance is usually a filing hearing. During this hearing, the charges will be read out, and the accused will be asked to enter a plea. The accused does not need to enter a plea at this stage, and the matter will usually be adjourned to a later date.
2. Committal Hearing: If the accused pleads not guilty, the matter will proceed to a committal hearing. During this hearing, the magistrate will consider the evidence and decide whether there is enough evidence to justify a trial. The accused will be asked to enter a plea at this stage. If the accused pleads guilty, the matter will proceed to sentencing. If the accused pleads not guilty, the matter will proceed to trial.
3. Trial: During the trial, the prosecution and the defence will present their cases to the judge and jury. The jury will then decide whether the accused is guilty or not guilty.
4. Sentencing: If the accused is found guilty, the court will then impose a sentence. The maximum penalty for sexual exploitation of a child or young person in Victoria is 10 years imprisonment. However, the actual penalty imposed may be lesser, depending on the circumstances of the case. The court will consider various factors, such as the age of the victim, the level of exploitation, and the offender’s prior criminal history.

Penalties For Exploitation of a Child

The penalties for the sexual exploitation of a child or young person in Victoria can range from fines, and community correction orders, to imprisonment. The maximum penalty is 10 years imprisonment, but the actual penalty imposed will depend on the circumstances of the case. Other factors that the court may consider when determining the penalty include the offender’s prior criminal history, whether the offender has shown remorse, and the likelihood of reoffending.

Examples of sexual exploitation of a child

Engaging in Sexual Activity

 An adult engages in sexual activity with a child or young person and pays them money or provides them with gifts.

Encouraging Sexual Activity

An adult encourages a child or young person to engage in sexual activity with another person in exchange for money or other material benefits.

Online Exploitation

An adult engages in sexual conversations with a child or young person online and offers them money or gifts in exchange for sexual images or videos.

It is important to note that the legal process for dealing with sexual exploitation of a child or young person offences can be complex and stressful for all parties involved. It is always recommended to seek legal advice and support when dealing with such serious matters. Additionally, the above penalty is the maximum penalty, and the actual penalty imposed may be lesser, depending on the circumstances of the case.