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Child Sexual Assault Lawyers in Sydney

For the purposes of sexual assault against children, it is not necessary for the prosecution to prove the element of consent. This is due to the assumption that by virtue of their age and lack of maturity, children are unable to consent to sexual intercourse. There are a series of offences concerned with the sexual assault of a child between the ages of 0-16 years.

 

For a person to be found guilty of a child sexual assault offence, the prosecution only needs to prove:

 

  • You had intercourse; OR
  • Engaged in a sexual act; and
  • The victim was a child.

Sexual Intercourse – Child Under 10

Under section 66A of the Crimes Act is an offence to have sexual intercourse with a child under 10.

The maximum penalty for sexual intercourse with a child under 10 is life imprisonment with a standard non-parole period of 15 years. That is, you must serve a minimum of 15 years in prison regardless of what your sentence is.

Defences for the offence of sexual intercourse – child under 10 include:

 

  • No sexual intercourse;
  • Duress;
  • Necessity; and 
  • Mental Illness Defence.

Attempting, or assaulting with intent, to have sexual intercourse with child under 10

Under section 66B of the Crimes Act, it is an offences to:

 

  • Attempt;
  • Assault; or
  • Assault with intent to have sexual intercourse,

a child under 10 years of age.

The maximum penalty for the offence of attempting, assaulting or assaulting with intent to have sexual intercourse with a child under 10 is 25 years imprisonment with a standard non-parole period of 10 years. That is, you must serve a minimum of 10 years in prison regardless of what your sentence is.

Defences for the offence of attempting, assaulting or assaulting with intent to have sexual intercourse with a child under 10 include:

  • Duress;
  • Necessity;
  • Mental Illness Defence.

Sexual intercourse – child between 10 and 16

Section 66C of the Crimes Act deals with the various offences and their penalties in relation to having sexual intercourse with a child between 10 and 16 years.

 

Section 66C(5) specifically deal with the circumstances of aggravation which are as follows:

 

  • at the time of or immediately before of after the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby; or
  • at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or
  • the accused person is in the company of another person or persons, or
  • the complainant is under the age of 16 years, or
  • the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
  • the complainant has a serious physical disability, or
  • the complainant has a cognitive impairment, or
  • the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
  • the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

Further, under section 66D of the Crimes Act is, an offence to assault a child between 10 and 16 years with the intent to have sexual intercourse will be liable to the same penalty set out for that particular offence. The offences and their maximum penalties are set out below.

The maximum penalty for having sexual intercourse with a child above 10 but under 14 is 16 years of imprisonment with a standard non-parole period of 7 years. That is, you must serve a minimum of 10 years in prison regardless of what your sentence is.

 

The maximum penalty for having sexual intercourse with a child above 10 but under in circumstances of aggravation is 20 years of imprisonment with a standard non-parole period of 9 years. That is, you must serve a minimum of 9 years in prison regardless of what your sentence is.

 

The maximum penalty for having sexual intercourse with a child is above 14 but under 16 is 10 years imprisonment. If the matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000.00).

 

The maximum penalty for having sexual intercourse with a child is above 14 but under 16 in circumstances of aggravation is 12 years imprisonment with a standard non-parole period of 5 years. That is, you must serve a minimum of 5 years in prison regardless of what your sentence is.

Defences for offences of sexual intercourse where the child is over 10 but under 14 include:

  • Mistaken identity;
  • Duress;
  • Necessity;
  • Mental illness.

Where the child is over 14 but under 16, the following additional defences may be applicable:

  • The mistaken belief of age, that is, you believe the child was at least 16 years of age;
  • Similar age difference, where the age difference between the accused and the alleged victim is no more than 2 years.

Sexual touching – child under 10

Under section 66DA of the Crimes Act, it is an offence to:

 

  • sexually touch child who is under the age of 10 years, or
  • incite a child who is under the age of 10 years to sexually touch the accused, or
  • incite a child who is under the age of 10 years to sexually touch another person, or
  • incite another person to sexually touch a child who is under the age of 10 years.

The maximum penalty for sexually touching a child under 10 years is 16 years imprisonment with a standard non-parole period of 8 years. That is, you must spend a minimum of 8 years in prison regardless of what your sentence is. If your matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000.00).

Defences to the offence of sexual touching – child under 10 include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Proper medical purpose;
  • Lawful correction of a minor.

Sexual touching – child between 10 and 16

Under section 66DB of the Crimes Act, it is an offence to:

 

  • sexually touch a child who is of or above the age of 10 years and under the age of 16 years; or
  • incite a child who is of or above the age of 10 years and under the age of 16 years to sexually touch the accused; or
  • incite a child who is of or above the age of 10 years and under the age of 16 years to sexually touch another person; or
  • incite another person to sexually touch a child who is of or above the age of 10 years and under the age of 16 years.

The maximum penalty for sexually touching a child above the age of 10 but under the age of 16 years is 10 years of imprisonment. If your matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000.00).

Defences to the offence of sexual touching a child above 10 but under 16:

  • Self-defence;
  • Necessity;
  • Duress;
  • Proper medical purpose;
  • Lawful correction of a minor.

Where the child is over 14 but under 16, the following defences may be applicable:

  • The mistaken belief of age, that is, you believe the child was at least 16 years of age;
  • Similar age difference, where the age difference between the accused and the alleged victim is no more than 2 years.

Sexual Act – child under 10

Under section 66DC of the Crimes Act, it is in offence to:

 

  • carry out a sexual act with or towards a child who is under the age of 10 years; or
  • incite a child who is under the age of 10 years to carry out a sexual act with or towards the accused; or
  • incite a child who is under the age of 10 years to carry out a sexual act with or towards another person; or
  • incite another person to carry out a sexual act with or towards a child who is under the age of 10 years.

The maximum penalty for carrying out or inciting a sexual act with or towards a child under 10 is 7 years of imprisonment. If your matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000.00).

Defences to the offences relating to carrying out or inciting a sexual act with or towards a child under 10 include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Proper medical purpose;
  • Lawful correction of a minor.

Sexual Act – child between 10 and 16

Under section 66DD of the Crimes Act, it is an offence to:

 

  • carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years; or
  • incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person; or
  • incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person; or
  • incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years.

The maximum penalty for carrying out or inciting a sexual act with or towards a child between 10 and 16 is 2 years imprisonment. The maximum penalty is the same if the matter is dealt with in the Local Court.

Defences to the offence of carry out or incite a sexual act with or towards a child above 10 but under 16 include:

  • Self-defence;
  • Necessity;
  • Duress;
  • Proper medical purpose;
  • Lawful correction of a minor.

Where the child is over 14 but under 16, the following defences may be applicable:

  • The mistaken belief of age, that is, you believe the child was at least 16 years of age;
  • Similar age difference, where the age difference between the accused and the alleged victim is no more than 2 years.

Aggravated Sexual Act – child between 10 and 16

Under section 66DE of the Crimes Act, it is an offence to do the following in circumstances of aggravation:

 

  • carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years; or
  • incite a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person; or
  • incite a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person; or
  • incite another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years.

Circumstances of aggravation for the purposes of this section, are as follows:

 

  • at the time of or immediately before of after the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby; or
  • at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or
  • the accused person is in the company of another person or persons, or
  • the complainant is under the age of 16 years, or
  • the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
  • the complainant has a serious physical disability, or
  • the complainant has a cognitive impairment, or
  • the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
  • the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

The maximum penalty for the offences relating to inciting or carrying out a sexual act in circumstances of aggravation towards a child who is over 10 but under 16 is 5 years. If the matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units ($5,500.00).

Defences to the offence of carrying out or inciting a sexual act with or towards a child above 10 but under 16, in circumstances of aggravation include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Proper medical purpose;
  • Lawful correction of a minor.

Where the child is over 14 but under 16 the following defences may be applicable:

 

  • The mistaken belief of age that is, you believe the child was at least 16 years of age;
  • Similar age difference, where the age difference between the accused and the alleged victim is no more than 2 years.

Sexual Act of production of child abuse material – child under 16

Under section 66DF of the Crimes Act, it is an offence to:

 

  • carry out a sexual act with or towards a child who is under the age of 16 years; or
  • incite a child who is under the age of 16 years to carry out a sexual act with or towards the person; or
  • incite a child who is under the age of 16 years to carry out a sexual act with or towards another person; or
  • incite another person to carry out a sexual act with or towards a child who is under the age of 16 years,knowing that the sexual Act is being filmed for the purposes of the production of child abuse material.

The maximum penalty for the offence of carrying out or inciting a sexual act for the purposes of production of child abuse material is 10 years. If the matter is dealt with in the Local Court, the maximum penalty is 2 years or 100 penalty units ($11,000.00).

Defences for carrying out or inciting a sexual act with or towards a child who is under 16, for the purpose of producing child abuse material include:

 

  • Necessity;
  • Duress;
  • Lawful medical purpose.

Persistent sexual abuse of a child

Under section 66EA of the Crimes Act, it is an offence to maintain an unlawful sexual relationship with a child. An unlawful sexual relationship is defined as engaging in 2 or more unlawful sexual act with a child over any period. The prosecution is only required to specify the specific time over which the unlawful sexual relationship took place. Further, in order for a finding of guilty to be made, the fact finder (usually a jury) only needs to be satisfied that the evidence establishes that an unlawful sexual relationship existed.

The maximum penalty for the offence of maintaining an unlawful sexual relationship with a child is life imprisonment.

Defences to the offence of maintaining an unlawful sexual relationship with a child include:

 

  • Duress;
  • Necessity;
  • Mental illness.

Where the child is over 14 but under 16, the following defences may be applicable:

 

  • The mistaken belief of age, that is, you believe the child was at least 16 years of age;
  • Similar age difference, where the age difference between the accused and the alleged victim is no more than 2 years.

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

 

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Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

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Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.

 

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We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.

 

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Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.

 

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For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.

 

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If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.

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