Indecent act with or in the presence of a child under the age of 16 (repealed)

Legislation: Crimes Act 1958 (Vic) s 47(1)

Maximum penalty: 10 years imprisonment

Period: 1 July 2019 to 30 June 2024

Jurisdiction: higher courts

Charges

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Cases

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All outcomes

Males

Females

Aged under 25

Aged 25 to 54

Aged 55 and over

*Note: unavailable options have under 10 cases

Charge data

In the higher courts, 620 charges of indecent act with or in the presence of a child under the age of 16 (repealed) were sentenced in the five years to 30 June 2024. The most common sentence for a charge of this offence was imprisonment (79.7% or 494 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 67 cases sentenced in the higher courts in the five years to 30 June 2024, indecent act with or in the presence of a child under the age of 16 (repealed) was the principal proven offence (the most serious crime in the case). Among the 67 cases, 66 people were male and 1 person was female. The most common outcome for cases was imprisonment (37.3% or 25 cases).

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Bar graph showing sentence types imposed for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 1**: Sentencing outcomes for all charges of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 620 charges**

Bar graph showing imprisonment lengths for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 2**: Imprisonment lengths for charges of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 491 charges**
**Range and median**: The shortest imprisonment length is 0.08 years, the longest is 10 years, and the median is 1.5 years, meaning that half of the imprisonment lengths are below 1.5 years and half are above.
**Note**: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph showing lengths of community correction orders for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 4**: Community correction order lengths for charges of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 39 charges**
**Range and median**: The shortest community correction order length is 1 year, the longest is 5 years, and the median is 2.5 years, meaning that half of the community correction order lengths are below 2.5 years and half are above.

Stacked bar graph showing sentences imposed each year for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 6**: Sentencing outcomes for all charges of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 620 charges**

Bar graph showing the number of charges each year for the offence of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 7**: Number of charges of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 620 charges**

Bar graph showing imprisonment lengths each year for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 8**: Average imprisonment lengths for charges of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 491 charges**
**Note**: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph showing community correction order lengths each year for charges of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 9**: Average community correction order lengths for charges of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 39 charges**

Bar graph showing sentence types for all offenders for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 11A**: Sentencing outcomes for all people for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 67 cases**

Bar graph showing sentence types for male offenders for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 11B**: Sentencing outcomes for males for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 66 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 11E**: Sentencing outcomes for people aged 25 to 54 for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 34 cases**

Bar graph showing sentence types for offenders aged 55 and over for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 11F**: Sentencing outcomes for people aged 55 and over for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 27 cases**

Bar graph showing imprisonment lengths for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 12A**: Imprisonment lengths for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 29 cases**, including imprisonment only (25 cases) and imprisonment combined with a community correction order (4 cases).
**Range and median**: The shortest imprisonment length is 0.42 years, the longest is 35 years, and the median is 3 years, meaning that half of the imprisonment lengths are below 3 years and half are above.

Bar graph showing imprisonment lengths for males for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 12B**: Imprisonment lengths for males for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 29 cases**
**Range and median**: The shortest imprisonment length is 0.42 years, the longest is 35 years, and the median is 3 years, meaning that half of the imprisonment lengths are below 3 years and half are above.

Bar graph showing imprisonment lengths for people aged 25 to 54 for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 12E**: Imprisonment lengths for people aged 25 to 54 for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 17 cases**
**Range and median**: The shortest imprisonment length is 0.42 years, the longest is 35 years, and the median is 3 years, meaning that half of the imprisonment lengths are below 3 years and half are above.

Bar graph showing imprisonment lengths for people aged 55 and over for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 12F**: Imprisonment lengths for people aged 55 and over for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 11 cases**
**Range and median**: The shortest imprisonment length is 0.5 years, the longest is 4.5 years, and the median is 3.25 years, meaning that half of the imprisonment lengths are below 3.25 years and half are above.

Bar graph showing imprisonment lengths without a community correction order for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 12G**: Imprisonment lengths without a community correction order (CCO) for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 25 cases**
**Range and median**: The shortest imprisonment length is 0.42 years, the longest is 35 years, and the median is 3.25 years, meaning that half of the imprisonment lengths are below 3.25 years and half are above.

Bar graph showing lengths of non-parole periods for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 13**: Non-parole periods for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 25 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing lengths of community correction orders for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 16**: Community correction order lengths for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 18 cases**
**Range and median**: The shortest community correction order length is 1.25 years, the longest is 5 years, and the median is 2 years, meaning that half of the community correction order lengths are below 2 years and half are above.

Stacked bar graph showing sentences imposed each year for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 18**: Sentencing outcomes for all cases of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 67 cases**

Bar graph showing the number of cases each year for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 19**: Number of cases of indecent act with or in the presence of a child under the age of 16 (repealed) for all people by financial year
**Number: 67 cases**

Bar graph showing the average imprisonment length each year for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 20A**: Average imprisonment lengths for cases of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 29 cases**

Bar graph showing the average imprisonment length each year (excluding combined orders) for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 20B**: Average imprisonment lengths (excluding combined orders) for cases of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 25 cases**

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 20C**: Average imprisonment lengths and non-parole periods (NPPs) for cases of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 21 cases**
**Note**: *NPP Cases* in the graph indicates that only cases with a non-parole period are included.

Bar graph showing lengths of community correction orders with and without imprisonment for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 21**: Average community correction order (CCO) lengths for cases of indecent act with or in the presence of a child under the age of 16 (repealed) by financial year
**Number: 18 cases**

Bar graph showing age groups of offenders for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 22A**: Ages of offenders (where age is known) for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 67 cases**

Bar graph showing gender of offenders for cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 22B**: Gender of offenders (where gender is known) for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 67 cases**

Bar graph showing the number of charges in cases of indecent act with or in the presence of a child under the age of 16 (repealed) — **Figure 22C**: Number of charges per case (of any sentenced offence) for cases of indecent act with or in the presence of a child under the age of 16 (repealed)
**Number: 67 cases**