A former standing relationship of care, supervision or authority (such as Principal-student or teacher-pupil) cannot alone establish the element of care, supervision or authority required by ss 48 and 49 of the Crimes Act 1958 (Vic) at the time of sexual offending. However, evidence of the former relationship may be admissible to prove that element where there is other evidence capable of establishing that the child was under the accused's care, supervision or authority at the relevant time. There is no defence to ss 48 or 49 charges based on an accused's belief that the child was no longer under his or her care, supervision or authority. The mental element requires only that the sexual act was intentional and that the accused knew the facts giving rise to the relationship, not the legal consequences of those facts.
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