Rana Lawyers Client Steps
Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.
Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.
What Is Making Child Exploitation Material?
Under Section 228A of the Criminal Code Act 1899, making child exploitation material is a serious offence with a maximum sentence of 20 years imprisonment.
The elements of this offence are:
- Knowingly engaging in the making/production
- The material made must be considered child exploitation material
- Making the material without a reasonable excuse
The term ‘child exploitation material’ extends beyond photos and videos. It can also encompass other forms, such as written fantasies. The legal definition, as per section 207A of the Criminal Code Act 1899, includes any material that offensively depicts or describes a person under 16 years in a sexual context, in a demeaning situation or being subjected to abuse, cruelty, or torture.
Making such material is viewed severely under the law, considering the broad interpretation of what constitutes exploitation. It’s a charge that demands thorough legal understanding and a robust defence strategy, given the significant penalties involved.
Defences for Making Child Exploitation Material
Legitimate Purpose
A defence to charges relating to the making of child exploitation material exists if the accused can demonstrate:
- Engagement in the conduct was for a genuine purpose, such as artistic, legal, scientific, educational, medical, or public benefit.
- The actions were reasonable for that specific purpose under the circumstances.
An example of a legitimate purpose might be a medical professional documenting a child’s condition as part of medical records. However, if charged, it is the duty of the professional to present this defence. Subsequently, the prosecution is required to disprove the defence beyond a reasonable doubt. While there is potential for case conferencing, it doesn’t guarantee an automatic dismissal of charges. Each case and defence is evaluated on its individual merits.
Mistaken Age is Not a Valid Defence
A mistake regarding the age of a child is not a valid defence (Section 229).
In most instances, direct evidence of the child’s age in the material, such as an image, may not be available. It is then up to the Judge or Jury, based on their judgement and experience, to determine if the child is under 16. Conviction requires their satisfaction beyond a reasonable doubt. Understanding these defences highlights the complexities involved in cases of making child exploitation material. Given the serious nature of these charges, seeking expert legal advice is strongly advised.
What to Do If Charged with Making Child Exploitation Material?
Facing charges for making child exploitation material places you in a complex and continuously evolving legal situation. Protecting your rights becomes paramount, especially when police wish to question you regarding the matter. Immediate steps should be taken to safeguard your interests:
- Exercise your right to remain silent
- Seek legal advice promptly
- Avoid discussing the case with anyone other than your lawyer
- Preserve evidence that might support your case or demonstrate your innocence
- Comply with any legal requirements, such as court appearances or conditions of bail.
Have You Been Charged With Making Child Exploitation Material?
Having a well-experienced making child exploitation material lawyer is essential when dealing with these severe allegations. Our team of expert criminal lawyers at Rana Lawyers is dedicated to defending your rights and safeguarding your future. Contact us today for a free consultation.
