Victorian Consolidated Legislation

Crimes Act 1958 - SECT 47

Indecent act with child under the age of 16

47. Indecent act with child under the age of 16





(1) A person must not wilfully commit, or wilfully be in any way a party to
the commission of, an indecent act with or in the presence of a child under
the age of 16 to whom he or she is not married.

Penalty: Level 5 imprisonment (10 years maximum).

(2) Consent is not a defence to a charge under subsection (1) unless at the
time of the alleged offence-

   (a)  the accused satisfies the court on the balance of probabilities that
        he or she believed on reasonable grounds that the child was aged 16 or
        older; or

   (b)  the accused was not more than 2 years older than the child; or

   (c)  the accused satisfies the court on the balance of probabilities that
        he or she believed on reasonable grounds that he or she was married to
        the child.

(3) If consent is relevant to a charge under subsection (1), the prosecution
bears the burden of proving lack of consent.