Sexual offences and child abuse

Sexual offences and child abuse are serious crimes that can have a long-lasting effect on:

• victims/survivors
• families
• the community

All sex offences and child abuse are serious, and everyone is entitled to protection under the law.

If you are concerned about something that has happened to you at any point in time, we encourage you to come and speak with us. You need not worry about your actions or choices – you will be taken seriously. Our investigators are trained to understand these complex situations and are here to help you.

You can contact your nearest Sexual Offences and Child-abuse Investigation Team (SOCIT).

Sexual offences

Sexual offences occur when someone does not consent to a sexual act or acts. In cases involving children or people with cognitive impairments, consent may not be relevant. Sexual offences can refer to a broad range of sexual behaviours that make the victim feel uncomfortable, frightened or threatened including:

• rape
• sexual touching
• sexual assault
• child sexual abuse

In the Family Violence Protection Act 2008 “Family violence” is broadly defined to cover:

• physical and/or sexual abuse
• economic abuse
• emotional or psychological abuse
• threatening or coercive behaviour
• behaviour that in any other way controls or dominates a family member and causes them to feel fear for their safety or wellbeing or for that of another person (only the word safety is defined)
• causing a child to hear, witness or be exposed to family violence

Safety means safety from family violence and sexual abuse.

Understanding consent

Consent is an agreement between participants to engage in sexual activity. When you’re engaging in sexual activity, consent is about communication—and it should happen every time.

In Victoria, the law says both parties must freely agree to the sexual act for there to be consent. It also outlines a number of circumstances in which someone is automatically considered as unable to give consent.

Including if you:

• are drunk*
• are drug affected*
• are asleep or unconscious
• are unable to understand the sexual nature of what is happening
• submit because of force or fear of force or harm (including to someone else)
• are held against your will
• are a child
• are mistaken about the identity of the other person
• are led to believe it is for a medical or hygienic purpose
• have given consent to the act, and later withdrawing consent to the act taking place or continuing

Children 12 years and under are legally regarded as not being able to give informed consent to sexual activity and therefore, it is automatically an offence to engage in any sexual offence with a child under 12 years of age. In Victoria, the age of consent is 16 years old.

*When a person is so affected by drugs or alcohol as to be incapable of consenting to the act, or incapable of withdrawing consent to the act. It is important to note that being drunk or drug affected does not remove a person’s ability to consent, however the level of impairment needs to be considered.

Child abuse

Child abuse is an act or omission that endangers a child's physical or emotional health or development. Abuse is not an accident, but we understand that sometimes is it may not always be the intention of the person to inflict harm or injury on a child.

Child abuse can take many forms; it may be physical, sexual, psychological or emotional, and may occur through neglect and in some cases harm may be cumulative. Child abuse may occur through one incident or may be ongoing over time, either way it is considered serious and children are entitled to protection under the law.

Child abuse in any form is a criminal offence and should be reported to the relevant child protective services. Children who are suffering from abuse together with their families, may require assistance from multiple organisations, including child protection services, the criminal justice system and counselling and support services. No one group can totally meet the needs of an abused child.

In the Family Violence Protection Act 2008 “Family violence” applies to any family members and is broadly defined to cover:

• physical and/or sexual abuse
• economic abuse
• emotional or psychological abuse
• threatening or coercive behaviour
• behaviour that in any other way controls or dominates a family member and causes them to feel fear for their safety or wellbeing or for that of another person (only the word safety is defined)
• causing a child to hear, witness or be exposed to family violence

How to report

For information about how to make a report, visit our reporting historical or recent child sexual offences page.