Child sexual offences are treated with the utmost seriousness by the Victorian courts and carry some of the highest penalties in the criminal law, along with mandatory sex offender registration on conviction. McMahon Criminal Defence Lawyers defends these matters with discretion and rigour, from investigation through to County Court trial, on fixed fees. See also our main sexual offences page.
The Principal Offences
- Sexual penetration of a child under 12 (section 49A) — maximum 25 years, standard sentence 10 years; consent is no defence and the matter is heard in the County Court.
- Sexual penetration of a child under 16 (section 49B) — maximum 15 years, standard sentence 6 years, with limited statutory exceptions.
- Sexual assault of a child under 16 (section 49D) — maximum 10 years.
- Offences against 16 and 17 year olds under care, supervision or authority (sections 49C, 49E) — covering teachers, employers, coaches and others in positions of authority.
- Persistent sexual abuse of a child under 16 (section 49J) — maximum 25 years, directed at a course of offending over time.
Age and Consent
The age of consent in Victoria is 16. A child under 16 cannot consent to sexual activity, and a person aged 16 or 17 cannot consent where the other person is in a position of care, supervision or authority. Limited exceptions exist — for example, where the accused is no more than two years older than a complainant aged 12 or over, and a reasonable-belief-as-to-age exception in defined circumstances — but these are narrow and their application requires careful legal analysis.
Consequences Beyond the Sentence
Conviction for most child sexual offences carries mandatory registration on the Sex Offenders Register, with reporting periods of 8 years, 15 years or life depending on the offence, and exclusion from child-related work. These consequences often flow automatically from the category of offence, which is why charge analysis and negotiation matter as much as the ultimate plea.
Defending the Charge
- The acts did not occur — identity, fabrication or reliability, often tested through inconsistencies in the account;
- Statutory exceptions — including the limited age-based and similar-age exceptions;
- Forensic and digital evidence challenges; and
- Era-appropriate charge analysis for historical allegations.
These are among the most serious charges in the criminal law. Do not speak to police before getting advice. Contact us immediately.
Frequently Asked Questions
What is the age of consent in Victoria?
The age of consent is 16. A child under 16 cannot legally consent to sexual activity. In addition, a person aged 16 or 17 cannot consent where the other person is in a position of care, supervision or authority, such as a teacher or coach.
What is the maximum penalty for sexual penetration of a child?
It depends on the child’s age. Sexual penetration of a child under 12 (section 49A) carries a maximum of 25 years with a standard sentence of 10 years; sexual penetration of a child under 16 (section 49B) carries a maximum of 15 years with a standard sentence of 6 years.
Is there a ‘similar age’ exception?
Limited exceptions exist — for example, where the accused is no more than two years older than a complainant aged 12 or over, and a reasonable-belief-as-to-age exception in defined circumstances. These exceptions are narrow and their availability depends on the specific facts, so legal advice is essential.
Will I be placed on the Sex Offenders Register?
For most child sexual offences, registration is mandatory on conviction, with reporting periods of 8 years, 15 years or life depending on the offence. Which offence you are convicted of can determine whether registration applies, which is one reason charge negotiation matters.
Can I be charged over an allegation from decades ago?
Yes. There is no limitation period for these offences and historical prosecutions are common. Historical allegations are assessed under the law as it stood at the time of the alleged conduct, which affects the charge, its elements and the defences available.
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If you are under investigation or have been charged, contact us before taking any other step — including before any police interview. We provide experienced, discreet, fixed-fee representation across Victoria.
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