Incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)

Legislation: Crimes Act 1958 (Vic) s 44(1)

Maximum penalty: 25 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higher courts, 277 charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) were sentenced in the five years to 30 June 2024. The most common sentence for a charge of this offence was imprisonment (96.8% or 268 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 74 cases sentenced in the higher courts in the five years to 30 June 2024, incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) was the principal proven offence (the most serious crime in the case). Among the 74 cases, 73 people were male and 1 person was female. The most common outcome for cases was imprisonment (94.6% or 70 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types imposed for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 1**: Sentencing outcomes for all charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 277 charges**

Bar graph showing imprisonment lengths for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 2**: Imprisonment lengths for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 266 charges**
**Range and median**: The shortest imprisonment length is 2 years, the longest is 16 years, and the median is 6.5 years, meaning that half of the imprisonment lengths are below 6.5 years and half are above.
**Note**: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Stacked bar graph showing sentences imposed each year for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 6**: Sentencing outcomes for all charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 277 charges**

Bar graph showing the number of charges each year for the offence of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 7**: Number of charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 277 charges**

Bar graph showing imprisonment lengths each year for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 8**: Average imprisonment lengths for charges of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 266 charges**
**Note**: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph showing sentence types for all offenders for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 11A**: Sentencing outcomes for all people for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 74 cases**

Bar graph showing sentence types for male offenders for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 11B**: Sentencing outcomes for males for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 73 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 11E**: Sentencing outcomes for people aged 25 to 54 for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 37 cases**

Bar graph showing sentence types for offenders aged 55 and over for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 11F**: Sentencing outcomes for people aged 55 and over for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 37 cases**

Bar graph showing imprisonment lengths for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 12A**: Imprisonment lengths for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 70 cases**, including imprisonment only (70 cases) and imprisonment combined with a community correction order (0 cases).
**Range and median**: The shortest imprisonment length is 3 years, the longest is 25 years, and the median is 11.38 years, meaning that half of the imprisonment lengths are below 11.38 years and half are above.

Bar graph showing imprisonment lengths for males for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 12B**: Imprisonment lengths for males for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 69 cases**
**Range and median**: The shortest imprisonment length is 3 years, the longest is 25 years, and the median is 11.5 years, meaning that half of the imprisonment lengths are below 11.5 years and half are above.

Bar graph showing imprisonment lengths for people aged 25 to 54 for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 12E**: Imprisonment lengths for people aged 25 to 54 for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 36 cases**
**Range and median**: The shortest imprisonment length is 3.17 years, the longest is 20.58 years, and the median is 12.33 years, meaning that half of the imprisonment lengths are below 12.33 years and half are above.

Bar graph showing imprisonment lengths for people aged 55 and over for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 12F**: Imprisonment lengths for people aged 55 and over for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 34 cases**
**Range and median**: The shortest imprisonment length is 3 years, the longest is 25 years, and the median is 10.29 years, meaning that half of the imprisonment lengths are below 10.29 years and half are above.

Bar graph showing imprisonment lengths without a community correction order for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 12G**: Imprisonment lengths without a community correction order (CCO) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 70 cases**
**Range and median**: The shortest imprisonment length is 3 years, the longest is 25 years, and the median is 11.38 years, meaning that half of the imprisonment lengths are below 11.38 years and half are above.

Bar graph showing lengths of non-parole periods for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 13**: Non-parole periods for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 70 cases**
**Note**: Imprisonment terms do not include a community correction order.

Stacked bar graph showing sentences imposed each year for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 18**: Sentencing outcomes for all cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 74 cases**

Bar graph showing the number of cases each year for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 19**: Number of cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) for all people by financial year
**Number: 74 cases**

Bar graph showing the average imprisonment length each year for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 20A**: Average imprisonment lengths for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 70 cases**

Bar graph showing the average imprisonment length each year (excluding combined orders) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 20B**: Average imprisonment lengths (excluding combined orders) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 70 cases**

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 20C**: Average imprisonment lengths and non-parole periods (NPPs) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) by financial year
**Number: 70 cases**
**Note**: *NPP Cases* in the graph indicates that only cases with a non-parole period are included.

Bar graph showing age groups of offenders for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 22A**: Ages of offenders (where age is known) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 74 cases**

Bar graph showing gender of offenders for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 22B**: Gender of offenders (where gender is known) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 74 cases**

Bar graph showing the number of charges in cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed) — **Figure 22C**: Number of charges per case (of any sentenced offence) for cases of incest - sexual penetration with child, step-child or lineal descendant aged under 18 (repealed)
**Number: 74 cases**