Table of Contents Sexual Abuse Defined and Examples of Child...
Read MoreFor 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:
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:
Under section 66B of the Crimes Act, it is an offences to:
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:
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:
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:
Where the child is over 14 but under 16, the following additional defences may be applicable:
Under section 66DA of the Crimes Act, it is an offence to:
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:
Under section 66DB of the Crimes Act, it is an offence to:
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:
Where the child is over 14 but under 16, the following defences may be applicable:
Under section 66DC of the Crimes Act, it is in offence to:
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:
Under section 66DD of the Crimes Act, it is an offence to:
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:
Where the child is over 14 but under 16, the following defences may be applicable:
Under section 66DE of the Crimes Act, it is an offence to do the following in circumstances of aggravation:
Circumstances of aggravation for the purposes of this section, are as follows:
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:
Where the child is over 14 but under 16 the following defences may be applicable:
Under section 66DF of the Crimes Act, it is an offence to:
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:
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:
Where the child is over 14 but under 16, the following defences may be applicable:
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;
Result-focused criminal lawyers
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.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
Fixed Fees
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
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.
Specialist for District and Supreme Court trials
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.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.
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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