Victorian Consolidated Legislation

Crimes Act 1958 - SECT 47A

Persistent sexual abuse of child under the age of 16

47A. Persistent sexual abuse of child under the age of 16









(1) A person who persistently sexually abuses a child under the age of 16 to
whom he or she is not married is guilty of an indictable offence.



(2) To prove an offence under subsection (1) it is necessary to prove-

   (a)  that the accused during a particular period (while the child was under
        the age of 16) did an act in relation to the child which would
        constitute an offence under a provision of this Subdivision or
        Subdivision (8A) or (8B); and

   (b)  that an act which would constitute an offence under a provision of
        this Subdivision or Subdivision (8A) or (8B) took place between the
        accused and the child on at least two other occasions during that
        period.

(2A) It is not necessary that the alleged acts be of a similar nature or
constitute an offence under the same provision.

(3) It is not necessary to prove an act referred to in subsection (2)(a) or
(b) with the same degree of specificity as to date, time, place, circumstances
or occasion as would be required if the accused were charged with an offence
constituted by that act instead of an offence against subsection (1).

(4) A person who is guilty of an offence under subsection (1) is liable to
level 2 imprisonment (25 years maximum).



(5) If on the trial of a person charged with an offence against subsection (1)
the jury are not satisfied that he or she is guilty of the offence charged but
are satisfied that the accused did an act during that period which constitutes
an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of
Part I, the jury must acquit the accused of the offence charged but may find
him or her guilty of that other offence and he or she is liable to punishment
accordingly.

(6) Subsection (5) does not restrict the operation of section 421 or 422.

(7) A prosecution for an offence under subsection (1) must not be commenced
without the consent of the Director of Public Prosecutions.