Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Sexual Penetration of a Child Aged 16 or 17
In Victoria, it is an offence for a person who has care, supervision or authority over a child aged 16 or 17 to take part in an act of sexual penetration with the child. This offence carries a maximum penalty of 10 years imprisonment. The offence of sexual penetration of 16 or 17-year-old child is contained in section 48 of the Crimes Act.
What is sexual penetration?
Section 35 of the Crimes Act defines “sexual penetration” as the introduction, to any extent, by a person of either:
- their penis into the vagina, anus or mouth of another person, whether or not there is emission of semen; OR
- an object or part of his or her body (other than the penis) into the vagina or anys of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes.
What must be proven?
To find a person guilty of sexual penetration of a 16 or 17-year-old child, the police must prove beyond a reasonable doubt that they:
- Took part in an act of sexual penetration with the victim;
- They intended to do so
- That the victim was 16 or 17 years of age;
- That they were not married with the victim; and
- That the victim was under theirr care, supervision or authority.
Section 48 of the Crimes Act expressly provides that a child is under someone’s care, supervision or authority if they are the child’s:
- Foster parent
- Legal guardian
- Minister of religion with pastoral responsibility for the child
- Youth worker
- Sports coach
- Health professional
This is not a complete list and the court will look at the circumstances of each case to determine whether or not the victim is under a person’s care, supervision or authority.
Possible Defences for Sexual Penetration of a Child 16 or 17
A person charged with this offence can defend the charge by arguing that:
- The victim consented and they believed on reasonable grounds that the victim was 18 or older; or
- They were married to the victim.
Which Court will Hear this Matter?
The matter is an indictable offence, meaning it is usually heard in the County Court. In some circumstances, it can be dealt with in Magistrates’ Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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