Assault With Intent to Have Sexual Intercourse (Child Between 10 and 16)

The offence of Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) carries the following maximum penalties:

• 16 years imprisonment if the child is above the age of 10 years and under the age of 14 years.
• 20 years imprisonment if the child is above the age of 10 years and under the age of 14 years if there are circumstances of aggravation.
• 10 years imprisonment if the child is of or above the age of 14 years and under the age of 16 years.
• 12 years imprisonment if the child is of or above the age of 14 years and under the age of 16 years if there are circumstances of aggravation.

What is Assault with the Intent to have Sexual Intercourse (Child between 10 and 16)?

The offence of Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) is set out under section 66D of the Crimes Act 1900 (NSW) (the Act) which states:

Any person who assaults a child who is of or above the age of 10 years and under the age of 16 years with intent to commit an offence under section 66C on the child is liable to the penalty provided for the commission of that offence.

Assault with Intent to have Sexual Intercourse is the charge that is used for attempted rape offences in NSW and the maximum penalty that you are liable for is dependent on the age of the victim. This is a very serious offence.

Breakdown of Terms

The definition of Sexual Intercourse is under section 61HA of the Act, as meaning: 

• The penetration to any extent of the genitalia or anus of a person by using a body part or an object or;

• The introduction of any part of the genitalia of a person into the mouth of another person, and 

• The application of the mouth or tongue to the female genitalia. 

Assaulting a child is when you:

• Cause the child to fear unlawful and immediate violence, or
• You have made unauthorised physical contact with the child, and
• The child did not consent, and
• Your actions were intentional or reckless in nature

The following acts constitute Assault with the Intent to have Sexual Intercourse (Child between 10 and 16):

• You yell and verbally assault a child between the age of 10 and 16 in order to threaten them to engage in sexual intercourse with you
• You grab a child between the age of 10 and 16 and restrain them, to rub the child’s genitals with the intention to have sexual intercourse

What must be proven?

For a person to be found guilty of Assault with the Intent to have Sexual Intercourse (Child between 10 and 16), the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You assaulted a child between the age of 10 and 16 years with the intention of having sexual intercourse with the child, and
• You knew or were reckless as to whether the child was between the age of 10 and 16 years, or 
• You had no reasonable grounds to believe the child was between the age of 10 and 16 years.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to Assault with the Intent to have Sexual Intercourse (Child between 10 and 16)

The following defences may be available for an Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) charge:

• Duress
• Honest and reasonable mistake of fact as to age
• No intention to have sexual intercourse

Common Questions about (offence)

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely, even if you have no prior criminal convictions. 

In NSW, a Court can impose any of the following penalties for an Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) charge might jeopardise your job or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol for an Attempting or Assaulting with Intention to have Sexual Intercourse with Child under 10 charge?

A Gaol sentence is highly likely for this offence if you are found guilty. 

Will I end up on the Sex Offenders Register?

If you are convicted of the offence, you will be on the Sex Offenders Register.

How long would this offence stay on my criminal record for?

This offence will remain on your criminal record for life. 

What if they consented?

‘Consent’ is a complicated legal term and can be read on here [LINK].

What factors affect sentencing for an Assault with the Intent to have Sexual Intercourse (Child between 10 and 16) charge?

• The nature, circumstances, and seriousness of the offence; 

• The use of pressure or threats before or after the offence to ensure the victim’s compliance with the demands made, and subsequent silence; 

• The extent of any injury, emotional harm, loss or damage resulting from the offence; 

• The existence of any aggravating factors; 

• The personal circumstances and vulnerability of any victim due to their age, occupation, relationship to you, or disability; 

• Your prospects of rehabilitation.  

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