Under Section 37 b of the Crimes Act 1958, sexual offences are crimes directed against women, children and vulnerable persons including those with impaired cognition. If you have found guilty of committing it, you will suffer the penalty of imprisonment.
The following crimes are deemed sexual offences under the provisions of the Crimes Act 1958 (vic):
1. Rape and indecent assault
3. Assault with intent to rape
4. Sexual penetration fof child under 16 years of age
5. Sexual offences against persons with cognitive impairment committed by providers of medical or therapeutic services
If you are an adult charged with sexual offence and convicted of the same, you are obligated to undergo mandatory reporting to the Chief Commissioner of Police within the period stated in the order. As a convicted sexual offender, you will be identified as registrable offender if the offence was committed against a child.
The mandatory reporting obligation to the Chief Commissioner of Police is made every year. And if you intend to leave Victoria for 14 or more consecutive days to travel within Australia or out of Australia, you must report the intended travel to the Chief Commissioner of Police seven days before the date of travel and provide details of the state you intend to go as well as the date of your possible return. You will have to state also the reason why you are leaving Victoria.
If it is impractical for the registrable offender to make his reporting seven days before the intended departure, under the Crimes Act 1958, it is a sufficient compliance that the offender makes his report within 24 hours before he leaves Victoria.
If there are changes in your personal details, the same must also be reported to the Chief Commissioner of Police within 14 days from the date of the occurrence of the change.
The following are the information required to be reported by you if you are a registrable offender:
1. Your name and the other name you are known in the community
2. Your date of birth
3. Your current address or name of the locality where you can generally be found
4. Telephone number and email address
5. If you have an internet service provider, the business name of the same and its address
6. Internet user name or chat room name
7. If employed, the nature of your employment and the name of your employer and the address of the same
8. Name and address of clubs or organizations you are a member or affiliated with
9. Tattoos and location of the same
10. Color, registration number, make of any motor vehicle you own or generally driven by you
11. Facts if you were convicted in any foreign jurisdiction for sexual offence and if subjected to sex offender registration order
12. Passport number and country issuing the same
As a convicted sexual offender, you must strictly comply with the reporting obligation imposed upon you. The reporting period to be complied by you depends whether it is your first offence or you have committed a previous proven offence.
The Office of the Public Prosecution may make an application to the Court for a discretionary sex offender registration pursuant to section 11 of the Sex Offenders Registration Act 2004 although the crime you committed was not covered by the mandatory reporting obligation, provided the following requirements were followed:
a. You were convicted of a serious sexual offence and the order sentencing you of the same was imposed.
b. Within 30 days from the issuance of the order, the prosecution applied for the discretionary registration order
c. Court is satisfied beyond reasonable doubt that you are a risk to the community regarding the sexual safety of one or more person
d. Court must exercise discretion in granting the application
It is vital that you seek legal advice if you have committed sexual offence and you have previous proven sexual offences.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.