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Abduction of a Child under the Age of 16 for Sex

Abduction of a Child under the Age of 16 for Sex is a criminal offence under Section 56 of the Crimes Act 1958. It is heard by the Local Court.

Under Section 56 of the Crimes Act 1958, a person who takes away a child under the age of 16 from his parent or lawful guardian with the intention that the child will engage in sexual intercourse with him or her or any other person is guilty of Abduction of a Child under the Age of 16 for Sex.

Maximum penalty for which is level 6 imprisonment (5 years maximum).

A person who causes a child under the age of 16 to be taken away from his parent or guardian with the intention that the child should engage in sexual intercourse with him or any other person is also guilty of the same crime.

Maximum penalty for which is level 6 imprisonment (5 years maximum).

The prosecution has to prove that that the defendant intended for the child to be part of an act of sexual penetration or intercourse. It must be proven that:

(1) the accused took away a child and

(2) that the child is less than 16 years of age and

(3) the defendant should have taken the child against the will of the person who had lawful charge of the child. Absent any of these, prosecution will not lie against the person. 

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.

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