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:
- Sexual Intercourse Child between 14 and 16
- Aggravated Sexual Assault
- Sexual Touching
- Sexual Intercourse Child between 10 and 14
- Aggravated Sexual Touching
- Sexual Intercourse Child under 10
- Sexual Touching Child under 10
We can help
Our lawyers are experienced in representing offenders charged with serious sexual offences.
Contact us today on 0421 700 497 for a free initial consultation.