Child Sex Offences (NSW)

Categories of child sex offences

Under the Crimes Act 1900, child sex offences are divided into five different categories. Within several of those categories, different offences exist attracting different maximum penalties depending on the age of the alleged victim. The offences and the maximum penalties that apply are summarised below.

Children – sexual assault

Sexual assault offences are offences involving sexual intercourse.

Sexual intercourse with a child under 10 attracts a maximum penalty of imprisonment for life. Attempting to have sexual intercourse with a child under 10 or assaulting a child under 10 with intent to have sexual intercourse, attracts a maximum penalty of 25 years imprisonment.

Sexual assault of a child between 10 and 16 or assault of a child between 10 and 16 with intent to have sexual intercourse attracts a maximum penalty of 10, 12, 16 or 20 years imprisonment depending on the age of the child and other circumstances.

Children – sexual touching

Under section 66DA of the Crimes Act 1900, a person who sexually touches a child under 10, incites another person to sexually touch a child under 10 or incites a child under 10 to sexually touch a person is guilty of an offence punishable by a maximum of 16 years imprisonment.

Under section 66DB of the Crimes Act 1900, a person who sexually touches a child between 10 and 16, incites another person to sexually touch a child between 10 and 16 or incites a child between 10 and 16 to sexually touch a person is guilty of an offence punishable by a maximum of 10 years imprisonment.

Children – sexual act

A person who carries out a sexual act with or towards a child under 10, or incites another person to do so, is guilty of an offence punishable by a maximum of seven years imprisonment.

A person who carries out a sexual act with or towards a child between 10 and 16, or incites another person to do so, is guilty of an offence punishable by a maximum of two years imprisonment, or five years if the offence is committed under circumstances of aggravation.

A person who carries out a sexual act with or towards a child under 16, or incites another person to do so, and knows that the act is being filmed for the production of child abuse material, is guilty of an offence. This offence carries a maximum penalty of 10 years imprisonment.

Children – persistent sexual abuse

Under section 66EA of the Crimes Act 1900, an adult who maintains an unlawful sexual relationship with a child is guilty of an offence punishable by life imprisonment. An unlawful sexual relationship is a relationship where an adult engages in two or more sexual acts.

Applying for bail on child sex charges

If an adult is charged with sexual offences against a child under 16 in New South Wales and applies for bail, they will be required to ‘show cause’ why their continuing detention is not justified. In effect, this means that there is a rebuttable presumption that a person charged with child sex offences will not be granted bail. The onus is on the defence to overcome this presumption.

If an applicant for bail succeeds in showing that their continuing detention is not justified, the court must then assess whether the person’s release would pose an unacceptable risk and whether that risk could be mitigated by imposing bail conditions. This is the same assessment that all applicants for bail must go through.

Sentencing for child sex offences

Child sex offences are considered abhorrent, particularly when committed by those in positions of trust. When a court sentences a person for child sex offences, the principle of general deterrence will usually be of the utmost importance. General deterrence is the principle that a sentence should deter other members of the community from committing similar offences.

In New South Wales, standard non-parole periods apply to serious offences. For example, there is a standard non-parole period of 15 years for the offence of sexual intercourse with a child under 10. The standard non-parole period is a guidepost to be taken into account at sentencing based on the objective features of the offence.

As with any sentencing exercise, the court will decide on the appropriate sentencing orders based on the circumstances of the offence and the circumstances of the offender, including any aggravating or mitigating factors.

Child Protection Registry

The New South Wales Child Protection Registry is a record of the details of persons who have been found guilty of registrable offences. Registrable offences are divided into Class 1 offences and Class 2 offences.

A person who has been found guilty of a registrable offence is required to report information to the police including their contact details, movements and employment details. The period for which a person is required to report this information depends on the class of offence they have been found guilty of and whether they have offended more than once.

Offenders guilty of more than one sexual offence must remain on the Registry for life.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.