Child Sex Offences
6 February 2022 in Criminal LawBeing charged with a child sexual offence is extremely serious and these offences have particularly heavy penalties.
Brander Smith McKnight’s highly experienced criminal lawyers understand the overwhelming and stressful consequences of being charged with a child sexual offence.
Where a person finds themselves charged with a child sex offence, they should seek the professional help of a sexual assault lawyer. A sexual assault lawyer can assess the case of a person charged with a child sex offence, provide legal advice and explain the options available to them.
Various child sex offences in NSW are explained in simple terms below.
Children – Sexual Assault Offences
The Crimes Act 1900 outlines various child sexual assault offences that vary depending on the age of the alleged victim and the circumstances of the offences.
Children under 10
It is an offence to have sexual intercourse with a child under the age of 10. The maximum penalty for this offence is life imprisonment. It is also an offence either to attempt to have sexual intercourse with a child under the age of 10 or to assault a child under the age of 10 with the intent to have sexual intercourse. The maximum penalty for this offence is 25 years imprisonment. (See sections 66A and 66B of the Crimes Act 1900 (NSW))
Children between 10 and 16
It is an offence to have sexual intercourse with a child between the ages of 10 and 16. Where the victim of this offence is between the ages of 10 and 14, the maximum penalty is 16 years imprisonment. Where the victim of the offence is between the ages of 14 and 16 the maximum penalty is 10 years imprisonment. (See section 66C of the Crimes Act 1900 (NSW)).
Increased maximum penalties apply to the offence of having sexual intercourse with a child between 10 and 16 where the offence is committed in circumstances of aggravation. Some examples of circumstances of aggravation include where:
- The alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any bystander
- The alleged offender is in the company of another person or persons
- The alleged victim has a serious physical disability
- The alleged victim has a cognitive impairment
- The alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence
The full range of circumstances of aggravation can be found in section 66C(5) of the Crimes Act 1900 (NSW).
Children – Sexual touching offences
The Crimes Act 1900 (NSW) outlines various child sexual touching offences that vary depending on the age of the alleged victim and the circumstances of the offences(see sections 66DA and 66DB of the Crimes Act 1900 (NSW)).
Sexual touching is defined as the touching of another person, with any part of the body or with anything else, or through anything, including anything worn by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual. When considering whether touching is sexual, the court will consider the area of the body touched, whether the person doing the touching did so for a sexual reason or any other aspect of the touching that may make it sexual.
It is important to also note that any touching done for genuine medical or hygienic purposes will not be considered sexual touching.
It is an offence for any person to intentionally:
- Sexually touch a child
- Incite a child to sexually touch the person
- Incite a child to sexually touch another person
- Incite another person to sexually touch a child
Where the victim of a sexual touching offence is under the age of 10, the maximum penalty for the offence is 16 years imprisonment.
Where the victim of a sexual offence is between the ages of 10 and 16, the maximum penalty for the offence Is 10 years imprisonment.
Children – sexual act
The Crimes Act 1900 (NSW) outlines various sexual act offences relating to children. The severity of these offences depends on both the age of the child and other circumstances of the offence (see sections 66BC, 66DD, 66DE of the Crimes Act 1900 (NSW)).
A sexual act is an act that is carried out in circumstances where a reasonable person would consider the act to be sexual. When considering whether an act is sexual the court will consider the area of the body involved in the act, the reason the act was being performed and any other aspect of the act which may render it sexual in nature.
It is important to consider that an act carried out for a genuine medical or hygienic purpose is not a sexual act.
It is an offence for any person to intentionally:
- carry out a sexual act with or towards a child
- incite a child to carry out a sexual act with or towards the person
- incitea child to carry out a sexual act with or towards another person
- incite another person to carry out a sexual act with or towards a child
- Where the victim of a sexual act offence is under the age of 10, the maximum penalty is 7 years imprisonment.
Where the victim of a sexual act offence is between the ages of 10 and 16, the maximum penalty for the offence is 2 years imprisonment. Where the victim of a sexual act offence is between the ages of 10 and 16 and the offence is committed in circumstances of aggravation, the maximum penalty for the offence is 5 years imprisonment. Some examples of circumstances of aggravation include:
- where the alleged offender is in the company of another person or persons
- where the alleged victim has a serious physical disability
- where the alleged victim has a cognitive impairment
- where the alleged offender deprives the alleged victim of their liberty for a period before or after the commission of the offence
The full range of circumstances of aggravation can be found in section 66DE(2) of the Crimes Act 1900 (NSW).
Children – Procurement and grooming offences
There are various offences within the Crimes Act 1900 (NSW) which relate to the procurement and grooming of children (see sections 66EB and 66EC of the Crimes Act 1900 (NSW)).
Procuring children
It is an offence for an adult person to intentionally procure a child for unlawful sexual activity with that or any other person. Where the victim of the offence is under the age of 14 years, the maximum penalty for the offence is 15 years imprisonment. Where the victim of the offence is not under the age of 14, the maximum penalty for the offence is 12 years imprisonment.
Meeting children following grooming
In simple terms, it is an offence for an adult person to meet a child (or travel with the intention of meeting a child) who has been groomed for sexual purposes and does so with the intention of procuring the child for unlawful sexual activity. Where the victim of the offence is under the age of 14, the maximum penalty for the offence is 15 years imprisonment. Where the victim of the offence is above the age of 14, the maximum penalty for the offence is 12 years imprisonment.
Grooming Children
It is an offence for an adult person to engage in conduct that exposes a child to indecent material or provides a child with an intoxicating substance or with any financial or other material benefit, and who does so with the intention of making it easier to procure the child for unlawful sexual activity. Where the victim of the offence is under the age of 14, the maximum penalty for the offence is 12 years. Where the victim of the offence is not under the age of 14, the maximum penalty for the offence is 10 years.
Grooming a person for unlawful sexual activity with a child under the person’s authority
It is an offence to bribe another person who has authority over a child with the intention of making it easier to procure the child for unlawful sexual activity. Where the child is under the age of 14 in the circumstances of the offence, the maximum penalty for the offence is 6 years imprisonment. Where the child in the circumstances of the offence is above the age of 14, the maximum penalty for the offence is 5 years imprisonment.
Why BSM Lawyers?
Our highly experienced criminal team understand that being charged with a sexual offence is understandably stressful and overwhelming.
The criminal lawyers can assist you with your sexual offence charge in a way that can alleviate the difficulty of managing the charge on your own.
Our experienced lawyers have experience with handling sexual offence cases and have achieved excellent results.
Our criminal defence lawyers are very experienced and are able to run most court matters without the added expense of a barrister. However, for serious criminal matters we have a panel of expert barristers who we frequently engage.
You can rest assured that the lawyers at Brander Smith McKnight will fight tirelessly in your corner and will be vigorously defend your rights.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Brander Smith McKnight has offices located in Sutherland, Sydney CBD, Parramatta and Wollongong.
FAQs
What is the legal definition of sexual intercourse?
Section 61HA of the Crimes Act 1900 (NSW) defines sexual intercourse as “the penetration to any extent of the genitalia of a female person or the anus of any person by any part of the body of another person or any object manipulated by another person.” Sexual intercourse also includes “the introduction of any part of the penis of a person into the mouth of another person, or cunnilingus”.
The penetration of a female’s genitalia or any person’s anus for proper medical purposes is excluded from the definition of sexual intercourse.
What is cognitive impairment?
The commission of child sex offence may be aggravated where the victim is deemed to have a cognitive impairment.Section 61HD of the Crimes Act 1900 (NSW) explains that a person will be considered as having a “cognitive impairment” if the person has:
- An intellectual disability
- A developmental disorder
- A neurological disorder
- A severe mental illness
- A brain injury
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
