Sexual penetration of a child aged 12 to under 16

Legislation: Crimes Act 1958 (Vic) s 49B(1)

Maximum penalty: 15 years imprisonment

Period: 1 July 2019 to 30 June 2024

Jurisdiction: higher courts

Charges

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Cases

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Standard sentence

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, 312 charges of sexual penetration of a child aged 12 to under 16 were sentenced in the five years to 30 June 2024. The most common sentence for a charge of this offence was imprisonment (75% or 234 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 134 cases sentenced in the higher courts in the five years to 30 June 2024, sexual penetration of a child aged 12 to under 16 was the principal proven offence (the most serious crime in the case). Among the 134 cases, 126 people were male and 8 people were female. The most common outcome for cases was imprisonment (61.9% or 83 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 sexual penetration of a child aged 12 to under 16 — **Figure 1**: Sentencing outcomes for all charges of sexual penetration of a child aged 12 to under 16
**Number: 312 charges**

Bar graph showing imprisonment lengths for charges of sexual penetration of a child aged 12 to under 16 — **Figure 2**: Imprisonment lengths for charges of sexual penetration of a child aged 12 to under 16
**Number: 225 charges**
**Range and median**: The shortest imprisonment length is 0.16 years, the longest is 8.5 years, and the median is 3 years, meaning that half of the imprisonment lengths are below 3 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 sexual penetration of a child aged 12 to under 16 — **Figure 4**: Community correction order lengths for charges of sexual penetration of a child aged 12 to under 16
**Number: 67 charges**
**Range and median**: The shortest community correction order length is 0.75 years, the longest is 3.5 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 charges of sexual penetration of a child aged 12 to under 16 — **Figure 6**: Sentencing outcomes for all charges of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 312 charges**

Bar graph showing the number of charges each year for the offence of sexual penetration of a child aged 12 to under 16 — **Figure 7**: Number of charges of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 312 charges**

Bar graph showing imprisonment lengths each year for charges of sexual penetration of a child aged 12 to under 16 — **Figure 8**: Average imprisonment lengths for charges of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 225 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 sexual penetration of a child aged 12 to under 16 — **Figure 9**: Average community correction order lengths for charges of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 67 charges**

Bar graph showing sentence types for all offenders for cases of sexual penetration of a child aged 12 to under 16 — **Figure 11A**: Sentencing outcomes for all people for cases of sexual penetration of a child aged 12 to under 16
**Number: 134 cases**

Bar graph showing sentence types for male offenders for cases of sexual penetration of a child aged 12 to under 16 — **Figure 11B**: Sentencing outcomes for males for cases of sexual penetration of a child aged 12 to under 16
**Number: 126 cases**

Bar graph showing sentence types for offenders aged under 25 for cases of sexual penetration of a child aged 12 to under 16 — **Figure 11D**: Sentencing outcomes for people aged under 25 for cases of sexual penetration of a child aged 12 to under 16
**Number: 54 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of sexual penetration of a child aged 12 to under 16 — **Figure 11E**: Sentencing outcomes for people aged 25 to 54 for cases of sexual penetration of a child aged 12 to under 16
**Number: 76 cases**

Bar graph showing imprisonment lengths for cases of sexual penetration of a child aged 12 to under 16 — **Figure 12A**: Imprisonment lengths for cases of sexual penetration of a child aged 12 to under 16
**Number: 102 cases**, including imprisonment only (83 cases) and imprisonment combined with a community correction order (19 cases).
**Range and median**: The shortest imprisonment length is 0.1 years, the longest is 10.5 years, and the median is 3.71 years, meaning that half of the imprisonment lengths are below 3.71 years and half are above.

Bar graph showing imprisonment lengths for males for cases of sexual penetration of a child aged 12 to under 16 — **Figure 12B**: Imprisonment lengths for males for cases of sexual penetration of a child aged 12 to under 16
**Number: 98 cases**
**Range and median**: The shortest imprisonment length is 0.1 years, the longest is 10.5 years, and the median is 3.88 years, meaning that half of the imprisonment lengths are below 3.88 years and half are above.

Bar graph showing imprisonment lengths for people aged under 25 for cases of sexual penetration of a child aged 12 to under 16 — **Figure 12D**: Imprisonment lengths for people aged under 25 for cases of sexual penetration of a child aged 12 to under 16
**Number: 25 cases**
**Range and median**: The shortest imprisonment length is 0.1 years, the longest is 5.25 years, and the median is 2.42 years, meaning that half of the imprisonment lengths are below 2.42 years and half are above.

Bar graph showing imprisonment lengths for people aged 25 to 54 for cases of sexual penetration of a child aged 12 to under 16 — **Figure 12E**: Imprisonment lengths for people aged 25 to 54 for cases of sexual penetration of a child aged 12 to under 16
**Number: 73 cases**
**Range and median**: The shortest imprisonment length is 0.17 years, the longest is 10.5 years, and the median is 4 years, meaning that half of the imprisonment lengths are below 4 years and half are above.

Bar graph showing imprisonment lengths without a community correction order for cases of sexual penetration of a child aged 12 to under 16 — **Figure 12G**: Imprisonment lengths without a community correction order (CCO) for cases of sexual penetration of a child aged 12 to under 16
**Number: 83 cases**
**Range and median**: The shortest imprisonment length is 0.17 years, the longest is 10.5 years, and the median is 4.25 years, meaning that half of the imprisonment lengths are below 4.25 years and half are above.

Bar graph showing lengths of non-parole periods for cases of sexual penetration of a child aged 12 to under 16 — **Figure 13**: Non-parole periods for cases of sexual penetration of a child aged 12 to under 16
**Number: 82 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing community correction order lengths for cases of sexual penetration of a child aged 12 to under 16 — **Figures 14 and 14B**: Imprisonment lengths and community correction order lengths in combined orders for cases of sexual penetration of a child aged 12 to under 16
**Number: 19 cases**
**Ranges and medians**: The shortest imprisonment length is 0.1 years, the longest is 1.95 years, and the median is 0.92 years, meaning that half of the imprisonment lengths are below 0.92 years and half are above. The shortest community correction order length is 1.5 years, the longest is 3 years, and the median is 2 years, meaning that half of the community correction order lengths are below 2 years and half are above

Bar graph showing lengths of community correction orders for cases of sexual penetration of a child aged 12 to under 16 — **Figure 16**: Community correction order lengths for cases of sexual penetration of a child aged 12 to under 16
**Number: 27 cases**
**Range and median**: The shortest community correction order length is 0.75 years, the longest is 3.5 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 sexual penetration of a child aged 12 to under 16 — **Figure 18**: Sentencing outcomes for all cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 134 cases**

Bar graph showing the number of cases each year for cases of sexual penetration of a child aged 12 to under 16 — **Figure 19**: Number of cases of sexual penetration of a child aged 12 to under 16 for all people by financial year
**Number: 134 cases**

Bar graph showing the average imprisonment length each year for cases of sexual penetration of a child aged 12 to under 16 — **Figure 20A**: Average imprisonment lengths for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 102 cases**

Bar graph showing the average imprisonment length each year (excluding combined orders) for cases of sexual penetration of a child aged 12 to under 16 — **Figure 20B**: Average imprisonment lengths (excluding combined orders) for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 83 cases**

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of sexual penetration of a child aged 12 to under 16 — **Figure 20C**: Average imprisonment lengths and non-parole periods (NPPs) for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 78 cases**
**Note**: *NPP Cases* in the graph indicates that only cases with a non-parole period are included.

Bar graph showing the average imprisonment length combined with a community correction order each year for cases of sexual penetration of a child aged 12 to under 16 — **Figure 20D**: Average imprisonment lengths combined with a community correction order (CCO) for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 19 cases**

Bar graph showing lengths of community correction orders with and without imprisonment for cases of sexual penetration of a child aged 12 to under 16 — **Figure 21**: Average community correction order (CCO) lengths for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 27 cases**

Bar graph showing age groups of offenders for cases of sexual penetration of a child aged 12 to under 16 — **Figure 22A**: Ages of offenders (where age is known) for cases of sexual penetration of a child aged 12 to under 16
**Number: 134 cases**

Bar graph showing gender of offenders for cases of sexual penetration of a child aged 12 to under 16 — **Figure 22B**: Gender of offenders (where gender is known) for cases of sexual penetration of a child aged 12 to under 16
**Number: 134 cases**

Bar graph showing the number of charges in cases of sexual penetration of a child aged 12 to under 16 — **Figure 22C**: Number of charges per case (of any sentenced offence) for cases of sexual penetration of a child aged 12 to under 16
**Number: 134 cases**

Bar graph showing the number of charges of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 23**: Sentencing outcomes for charges of standard sentence offences of sexual penetration of a child aged 12 to under 16
**Number: 268 charges**

Bar graph showing imprisonment lengths for of charges of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 24**: Imprisonment lengths for charges of standard sentence offences of sexual penetration of a child aged 12 to under 16
**Number: 195 charges**
**Range and median**: The shortest imprisonment length is 0.17 years, the longest is 8.5 years, and the median is 3 years, meaning that half of the imprisonment lengths are below 3 years and half are above.

Stacked bar graph showing sentences imposed each year from 2018-19 to 2022-23 for charges of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 25**: Sentencing outcomes for charges of standard sentence offences of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 268 charges**

Bar graph showing the number of charges each year between 2018-19 and 2022-23 for the offence of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 26**: Number of charges of standard sentence offences of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 268 charges**

Bar graph showing imprisonment lengths each year between 2018-19 and 2022-23 for charges of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 27**: Average imprisonment lengths for charges of standard sentence offences of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 195 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 sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 28**: Sentencing outcomes for cases of standard sentence offences of sexual penetration of a child aged 12 to under 16
**Number: 122 cases**

Bar graph showing imprisonment lengths without a community correction order for cases of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 29**: Imprisonment lengths for cases of standard sentence offences of sexual penetration of a child aged 12 to under 16
**Number: 91 cases**
**Range and median**: The shortest imprisonment length is 0.1 years, the longest is 10.5 years, and the median is 3.75 years, meaning that half of the imprisonment lengths are below 3.75 years and half are above.

Bar graph showing lengths of non-parole periods for cases of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 30**: Non-parole periods for cases of standard sentence offences of sexual penetration of a child aged 12 to under 16
**Number: 73 cases**
**Range and median**: The shortest non-parole period is 0.75 years, the longest is 7.5 years, and the median is 2.5 years, meaning that half of the non-parole periods are below 2.5 years and half are above.
**Note**: Imprisonment terms do not include imprisonment combined with a community correction order.

Stacked bar graph showing sentences imposed each year from 2018-19 to 2022-23 for all offenders for cases of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 31**: Sentencing outcomes for cases of standard sentence offences of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 122 cases**

Bar graph showing the number of cases for all offenders each year for the offence of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 32**: Number of cases of standard sentence offences of sexual penetration of a child aged 12 to under 16 for all people by financial year
**Number: 122 cases**

Bar graph showing imprisonment lengths each year for cases of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 33A**: Average imprisonment lengths for standard sentence offences for cases of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 91 cases**

Bar graph showing the average imprisonment length and average non-parole period each year for cases of sexual penetration of a child aged 12 to under 16 subject to the standard sentence for this offence — **Figure 33B**: Average imprisonment lengths and non-parole periods (NPPs) for cases of standard sentence offences of sexual penetration of a child aged 12 to under 16 by financial year
**Number: 71 cases**