Child Sexual Offences
What are Child Sexual Offences?
Child sex offences can take various forms, and depending on the offence, can attract serious penalties if found guilty.
In NSW, it is a crime to sexually touch a child who is under 16 years of age. It is also illegal to carry out a sexual act with or towards a child or incite this type of behaviour.
The law of ‘sexually touching’ a child is governed by section 66DA and 66DB Crimes Act 1900 (NSW). Where a sexual act is carried out with or towards a child, or a person intentionally incites this act, the relevant provision is under section 66DC Crimes Act 1900 (NSW).
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What is the most serious Child Sexual Offence?
One of the most serious offences is where a person is alleged to have had ‘Sexual Intercourse with a child’.
The legislation governing this offending is found in:
- Section 66A Crimes Act 1900 (NSW) relates to alleged victims under 10 years old;
- Section 66C Crimes Act 1900 (NSW) relates to alleged victims over 10 years old and below 16 years old.
Given the extremely severe penalties available to the court if found guilty of this offence, we strongly recommend you contact our passionate, expert criminal lawyers who have experience in handling matters of this severity.
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FAQ
What is Sexual Touching of a child?
In relation to an offence of child sexual touching, the prosecution must prove:
- You intended to touch the child;
- You in fact touched the child; and
- The touch was ‘sexual’ taking into account the body part used to touch, the area that was touched, whether it was for sexual arousal or gratification or some other suggestion as to why it is sexual.
What is Sexual Intercourse?
Sexual intercourse includes the penetration to any extent of a female’s genitalia or anus by a part of the body or an object, cunnilingus, and the introduction of a penis into the mouth of another person.
In relation to an offence of Sexual Intercourse with a child, the prosecution must prove:
- You had sexual intercourse (penetration of another person’s genitalia, mouth or anus); and
The act was with a child under the age of 16 years old. - If the police fail to prove any of the above elements, the charge will be dismissed.
Are there different levels of seriousness?
All offences against a child are serious, however an offence can be aggravated by features such as alleging to have occurred in the company of others, giving the child drugs or alcohol, the child being vulnerable by way of a physical or cognitive impairment, inflicting actual bodily harm and allegedly occurring where one is in a position of authority.
Offences that are aggravated face more serious penalties in court.
What Court are these charges heard in?
The charge will commence in the Local Court, however in most cases, especially with Sexual Intercourse offences, it will ultimately be committed to a higher court to proceed to either a Trial by Jury (or in some cases, by Judge alone) or Sentence.
Is there any benefit to Pleading Guilty?
On a Plea of Guilty at an early stage, you will receive a mandatory 25% discount on sentence, which is designed to reduce the seriousness of the penalty. If a Plea of Guilty is entered at a later stage, you may still receive some form of utilitarian discount.
What is a Sexual Act with or towards a child?
In relation to an offence of sexual act with a child, the prosecution must prove:
- You intended to carry out an act with or towards a child (or incited them or something to do so);
- You carried that act out on the child; and
- The touch was ‘sexual’ taking into account the body part used to touch, the area that was touched, whether it was for sexual arousal or gratification or some other suggestion as to why it is sexual.
Can a child consent?
The law recognises that a child is incapable of consenting to a sexual act. This means that, even where a child wants to engage in a sexual act with another person (i.e. where they choose to be in a relationship with an older person), they cannot consent.
What are the maximum penalties?
The maximum penalties for offences of sexually touching a child or carrying out a sexual act with or towards a child ranges between 2 years and 16 years imprisonment.
In relation to Sexual Intercourse without Consent:
- The maximum penalty for an offence relating to an alleged victim under 10 years old is life imprisonment, with a 15 year standard non parole period.
- For an offence alleged against a child over 10 years and under 14 years, the maximum penalty is 16 years imprisonment, with a 7 year standard non parole period.
- Where it involves a child between 14 and below 16 years, it is 10 years imprisonment as a maximum penalty.
Can I defend these charges?
Yes, some available defences are:
- You were mistaken as to the alleged victim’s age in circumstances where the victim is between 14 and under 16 years. This relates to where you honestly believed the person was aged at least 16 years old and it was reasonable to have made the mistake about the age;
- False allegations were made against you;
- Mistaken identity and it was not you;
- Where the penetration occurred as a result of a consensual medical purpose;
- Mental Illness defence.
What documents would I need if I plead Guilty?
It is important to consider getting a Psychological Report to provide the court with a fulsome outline of your life and circumstances surrounding the offending.
In addition, an apology letter to the court and victim as well as good character reference letters are very helpful.
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