Sexual Offences Archives -

Persistent Sexual Abuse of a Child

Persistent sexual abuse of a child is the most serious charge relating to sexual offences.

Our experienced criminal lawyers are committed to providing you with first class legal representation and advice. In addition, we will ensure you’re informed and consulted every step of the way.

Penalty for Persistent Sexual Abuse of a Child

The maximum penalty for this offence is life imprisonment. Therefore, it is a very serious charge.

Will I go to jail?

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on a number of factors. For example, the seriousness of the offence and your subjective circumstances.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody. You can make a release application in the Local Court. If released, you must obey the bail conditions.

The charge will start in the Local Court. Following this, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had an unlawful sexual relationship with a child

An unlawful sexual relationship exists if you engaged in an unlawful sexual act with the child on 2 or more occasions. In addition, only one of the unlawful acts needs to have occurred within NSW.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is an ‘Unlawful Sexual Act’?

An unlawful sexual act includes:

We can help

Our lawyers are experienced in representing offenders charged with serious sexual offences.

Sexual Intercourse under Special Care

Sexual intercourse under special care involves the complainant being in the special care of the offender. In other words, the offender is in a position of authority.

Will I go to jail for Sexual Intercourse under Special Care?

Sexual intercourse with a young person between 16 and 18 under special care is a serious criminal offence. However, the maximum penalty depends on the age of the alleged victim at the time of the alleged offence.

If the alleged victim was 16, the maximum penalty is 8 years
If the alleged victim was 17, the maximum penalty is 4 years

Therefore, you can be sentenced to imprisonment if the circumstances of the offence are serious. This includes first time offenders. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

In addition, it is possible to avoid jail in certain circumstances.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with a person aged 16 or 17, and
The sexual intercourse occurred in circumstances where the young person was under your special care

Because they are under special care, the victim is unable to consent to sexual acts. Therefore, consent is not a relevant consideration.

As a result, you will be found not guilty if the prosecution is unable to prove these elements.

What is ‘Special Care’?

The young person is taken to be under your special care if you are:

A parent, grandparent, step-parent, guardian or authorised carer of the victim
A teacher at the school where the victim attends
A custody officer and the victim is an inmate
A health professional and the victim is their patient
There is an established personal relationship with the victim through a religious, sporting or musical group

What is ‘Sexual Intercourse’?

For more information see our Sexual Assault page.

We can help

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome. This type of charge can take a long time to finalise before a court, either by trial or sentence. Our lawyers will be with you every step of the way.

Sexual Intercourse Child between 14 and 16

A charge of sexual intercourse with a child between 14 and 16, is serious. In addition, it will take a long time to finalise before a court, either by way of trial or sentence.

Our experienced lawyers are here to help. We will keep you fully informed, whilst being committed to ensuring you get the best possible outcome. For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges.

Will I go to jail for Sexual Intercourse Child between 14 and 16?

The maximum penalty is 10 years imprisonment. Therefore, it is a serious offence.

You will likely go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody.

The charge will start in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was aged above 14 but under 16 years at the time of the offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is ‘sexual intercourse’?

This means sexual intercourse extends beyond penile-vaginal penetration, or penile-anal penetration. As a result, inserting fingers, a tongue or an object into the vagina or anus, or inserting the penis into the mouth of the victim amounts to sexual intercourse.

For more information, see our Sexual Assault page.

We can help

Our lawyers are experts in representing offenders charged with criminal offences. We’ve represented many people in your position, including teachers, police officers and medical professionals.

Sexual Intercourse Child between 10 and 14

A charge of sexual intercourse with a child between 10 and 14 is serious and will take some time to finalise before a court.

We are here to help. You can read some general information below. Alternatively, our experienced criminal lawyers can provide advice during a free initial consultation.

Will I go to jail for Sexual Intercourse Child between 10 and 14?

The maximum penalty is 16 years imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was aged above 10 but under 14 years at the time of the offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is ‘sexual intercourse’?

For more information, see our Sexual Assault page.

We can help

Our lawyers are experts in representing offenders charged with criminal offences. We’ve represented many people in your position, including teachers, police officers and medical professionals.

Sexual Intercourse Child under 10

If you’ve been charged with sexual intercourse with a child under 10, we are here to help. Our experienced criminal lawyers are committed to helping you obtain the best possible outcome.

Will I go to jail for Sexual Intercourse Child Under 10?

The maximum penalty is life imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was under 10 at the time of the offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is ‘sexual intercourse’?

For more information, see our Sexual Assault page.

We can help

Our lawyers will take the time to discuss not only your charge, but the court process and strategy for your matter.

Contact one of our experienced criminal lawyers today on 0421 700 497 for a free initial consultation.

Aggravated Sexual Assault

Aggravated sexual assault is when the alleged conduct occurred within a situation that makes it more serious. We are here to help and will provide you with a free initial consultation to discuss your charge.

Our trusted lawyers have years of experience representing clients charged with serious offences. For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:

https://wcolawyers.com.au/teacher-found-not-guilty-of-sexual-assault

Will I go to jail?

The maximum penalty is 20 years imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with another person, and
The alleged victim did not consent, and
You knew the alleged victim was not consenting, and
The sexual intercourse occurred in circumstances of aggravation

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

Aggravated Sexual Assault Definition

For more information on the definition of sexual intercourse, see our Sexual Assault page.

The charge is aggravated when the offence occurs in a particular context, which makes the charge more serious. Because of the aggravated circumstances, the maximum penalty increases from 14 years to 20 years.

Examples of aggravation are:

During the offence, you intentionally or recklessly inflicted actual bodily harm or grievous bodily harm on the victim, or threatened to inflict harm
Being in the company of another person, or
The victim was under your authority at the time of the offence, or
They had a serious physical disability or cognitive impairment, or
The victim was under the age of 16 years

Court Process

After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.

We can help

Sexual Assault

If you’ve been charged with sexual assault, we are here to help. We have years of experience representing clients charged with serious offences.

For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:

https://wcolawyers.com.au/teacher-found-not-guilty-of-sexual-assault

We will help you understand your charge and the court process. At all times, we are committed to ensuring you receive the best possible outcome.

Will I go to jail?

The maximum penalty is 14 years imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with another person, and
The alleged victim did not consent, and
You knew the alleged victim was not consenting.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

Sexual Assault Definition

Sexual intercourse is a sexual connection through penetration to any extent of the female genitalia, or the anus of any person. In addition, the penetration can be by any part of the body, or an object. The act must be done without the consent of the victim. In addition, the offender must have known the victim was not consenting.

Therefore, sexual intercourse extends beyond penile-vaginal penetration, or penile-anal penetration. As a result, inserting fingers, a tongue or an object into the vagina or anus, or inserting the penis into the mouth of the victim amounts to sexual intercourse.

Court Process

After charge, the police will make a bail determination. If refused bail, you will remain in custody.

The charge will begin in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

We can help

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to reduce your sentence.

Sexual Touching Child Between 10 and 16

Sexual touching a child between 10 and 16, carries a more serious maximum penalty, due to the complainant being a child.

Our experienced lawyers we are here to help. Book a free initial consultation for advice on your case today.

What is Sexually Touching a Child between 10 and 16?

The touching must be sexual and the victim must be aged over 10 but under 16 years.

Sexual touching is defined as any touching that’s done with any part of the body, or with anything else. Therefore, it can be through clothing. In addition, it can be committed if the touching is with an object, rather than a “skin to skin” touch.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

What is the penalty for Sexually Touching a Child Between 10 and 16?

The maximum penalty is 10 years imprisonment in NSW.

The court will likely impose a conviction. In addition, a term of imprisonment is likely. In order to reduce your sentence, it is important to present a strong subjective case.

We can help

Our lawyers are with you every step of the way. We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Sexual Touching Child under 10

A charge of sexual touching a child under 10 can result in a conviction and imprisonment.

As a result, it is important that you feel confident in your legal representation. Contact our experienced lawyers today for a free initial consultation, to discuss your matter.

What does sexually touching a child under 10 mean?

The touching must be sexual and the victim must be under 10 years of age.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

Penalty for sexually touching a child under 10

The maximum penalty is 16 years imprisonment in NSW.

The court will impose a conviction. In addition, a term of imprisonment is likely. In order to reduce your sentence, it is important to present a strong subjective case.

We can help

Our lawyers are with you every step of the way.

Aggravated Sexual Touching

Aggravated sexual touching carries a higher maximum penalty, because the alleged conduct occurred in more serious circumstances.

We’ve explained this below. However, if you require advice or representation, contact us for a free initial consultation.

What does it mean for the sexual touching to be aggravated?

The touching must be sexual and it must occur within a specific circumstance, known as a circumstance of aggravation.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

In addition, circumstances of aggravation include:

The alleged victim was under your authority
The alleged victim has a serious physical disability or cognitive impairment
The offence was ‘in company’

As a result, the charge is more serious. This results in the maximum penalty increasing from 5 to 7 years imprisonment.

Will I get a criminal record?

A court will likely convict you. However, it is possible to avoid a conviction for less serious offences.

A community corrections order is often given, provided the offence is not too serious.

Will I go to jail?

Yes, it is possible to go to jail. This includes first time offenders.

However, there are alternatives to imprisonment. For example, an intensive corrections order or community corrections order.

Sexual Offences

Penalty for Persistent Sexual Abuse of a Child

Will I go to jail?

Court Process

If I defend the charge, what must be proved?

What is an ‘Unlawful Sexual Act’?

We can help

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Will I go to jail for Sexual Intercourse under Special Care?

If I defend the charge, what must be proved?

What is ‘Special Care’?

What is ‘Sexual Intercourse’?

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Will I go to jail for Sexual Intercourse Child between 14 and 16?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

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Will I go to jail for Sexual Intercourse Child between 10 and 14?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

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We're here to help

Will I go to jail for Sexual Intercourse Child Under 10?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

We can help

We're here to help

Will I go to jail?

If I defend the charge, what must be proved?

Aggravated Sexual Assault Definition

Court Process

We can help

We're here to help

Will I go to jail?

If I defend the charge, what must be proved?

Sexual Assault Definition

Court Process

We can help

We're here to help

What is Sexually Touching a Child between 10 and 16?

What is the penalty for Sexually Touching a Child Between 10 and 16?

We can help

We're here to help

What does sexually touching a child under 10 mean?

Penalty for sexually touching a child under 10

We can help

We're here to help

What does it mean for the sexual touching to be aggravated?

Will I get a criminal record?

Will I go to jail?

We can help

We're here to help