The legislation governing this offending is found in:

1. Section 66A Crimes Act 1900 (NSW) relates to alleged victims under 10 years old;

2. Section 66C Crimes Act 1900 (NSW) relates to alleged victims over 10 years old and below 16 years old.

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.

The maximum penalty is reserved for the most serious examples of this offending. It is important you get in touch with our legal team to discuss this further.

In relation to an offence of Sexual Intercourse with a child, the prosecution must prove:

1. You had sexual intercourse (penetration of another person’s genitalia, mouth or anus); and

2. 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. 

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).

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 an offence of child sexual touching, the prosecution must prove:

1. You intended to touch the child;

2. You in fact touched the child; and

3. 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.

In relation to an offence of sexual act with a child, the prosecution must prove:

1. You intended to carry out an act with or towards a child (or incited them or something to do so);

2. You carried that act out on the child; and

3. 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.

Defences

1. 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;

2. False allegations were made against you;

3. Mistaken identity and it was not you;

4. Where the penetration occurred as a result of a consensual medical purpose;

5. Mental Illness defence.

The proceedings commence in the Local Court, however will ultimately be committed to a Trial in the District Court before a jury, or in some cases a Judge.

Where a person pleads guilty to this offence, it may be important to consider getting a Psychological Report to provide the court with a fulsome outline of your life and circumstances surrounding the offending.

The likely penalty is one of full time imprisonment.

‍25% Utilitarian Discount

‍You will receive a mandatory 25% discount on sentence, if you plead guilty at the earliest opportunity.  This is designed to reduce the seriousness of the penalty.

Please contact one of our expert criminal lawyers to help you with your criminal case.