Chid Sexual Abuse Charges In NSW

Child sexual abuse is broadly defined under NSW law to include any sexual activities involving a child. This can range from sexual touching, exposing a child to sexual acts, or forcing a child to engage in sexual activity, among other forms of abuse. Importantly, the Crimes Act 1900 outlines specific provisions targeting these offences. For instance, section 66A criminalizes any form of sexual intercourse with a child under 10 years, carrying a maximum penalty of life imprisonment​.

Children – Sexual Touching

Under section 66DA of the Crimes Act 1900, it is an offence for any person to sexually touch a child under the age of 10, to encourage someone else to sexually touch a child under 10, or to incite a child under 10 to engage in sexual touching. This crime carries a maximum penalty of 16 years imprisonment.

Under section 66DB, it is similarly an offence for a person to sexually touch a child aged between 10 and 16, incite someone else to do so, or encourage a child within this age range to engage in sexual touching. The maximum sentence for this offence is 10 years imprisonment.

Children – Sexual Acts

Engaging in or encouraging a sexual act with or towards a child under 10 is a crime under NSW law, with a maximum penalty of 7 years imprisonment. When such an act is carried out with a child between the ages of 10 and 16, the penalty increases to 2 years imprisonment, or up to 5 years if committed under aggravating circumstances.

If the offender knows the sexual act involving a child under 16 is being filmed for the creation of child abuse material, they can face a maximum sentence of 10 years imprisonment.

Children – Persistent Sexual Abuse

Under section 66EA of the Crimes Act 1900, an adult who engages in two or more unlawful sexual acts with a child is considered to be maintaining an unlawful sexual relationship. This serious crime is punishable by life imprisonment.

Examples of sexual abuse include:

• Sexual touching of minors, even if no intercourse occurs.
• Engaging in sexual behavior with children or forcing them to participate in or witness sexual acts.
• Exploitation of children to create or distribute child abuse material.
• Factors and Risk Indicators

Various risk factors contribute to a child becoming a victim of sexual abuse. Perpetrators often exploit positions of trust or authority, such as family relationships, to initiate abuse. The abuse might continue for years, with instances of sexual abuse committed by family members or trusted figures frequently going unreported until long after the fact​.

Children who have experienced child sexual abuse often face long-term repercussions. The immediate impact of such abuse can include emotional trauma, fear, and confusion. Over the long term, sexually abused children are at an increased risk of developing mental health conditions such as Post-Traumatic Stress Disorder (PTSD), depression, anxiety, and other forms of psychological distress​.