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Possession Of Childlike Sex Dolls


It is an offence to possess a sex doll (or other object) that looks like or resembles a child. The offence of Possession of Childlike Sex Dolls is contained in section 273A.1 of the Criminal Code Act 1995 (Cth) and is punishable by a maximum penalty of 15 years imprisonment. As this is a Commonwealth offence, it applies in all states and territories.

When is the Offence Committed?

The Offence is committed where a person:

  • possesses a doll or other object; and
  • the doll or other object resembles:
    • a person who is or appears to be less than 18 years; or
    • a part of the body of such a person; and

a reasonable person would consider it is likely that the doll or other object is intended to be used by a person to simulate sexual intercourse.

What is Sexual Intercourse?

Sexual intercourse is defined as the penetration to any extent of the vagina or anus of another person by any part of the body of a person or an object, carried out by another person.

Sexual intercourse also includes fellatio or cunnilingus.

Possible Defences

There are a number of defences available for this charge. There is an evidential burden on the accused person to raise these defences.

Available defences include:

  • that the accused did not do the acts alleged (factual defence)
  • that the dolls were possessed for a lawful purpose;
  • that the accused acted under duress;

Which Court Will Hear the Matter?

As possession of childlike sex dolls is an offence that carries a maximum penalty of 15 years imprisonment, it cannot be finalised in a summary jurisdiction. The court that will hear the matter will depend on the state or territory the offence was committed in.

For New South Wales offences this means it must be finalised in the District Court. For offences in the ACT, this means it must be finalised in the Supreme Court unless the DPP elect for it to remain in the Magistrates Court. The Magistrates Court will hear Victorian matters whilst the Queensland DPP can elect for the matter to be heard in the Magistrates Court or the District Court.

Penalties

As possession of child-like sex dolls is a Commonwealth offence, if a person has entered a plea of guilty or been found guilty they will be sentenced under Commonwealth sentencing laws. Commonwealth penalties on Sentence include the following:

The offender can also receive other sentencing options that are available in the applicable state or territory where the matter is heard. This means in New South Wales conditional release orders, community correction order (CCO) and intensive correction orders (ICO) are also available. For offences in the ACT, this means that good behaviour orders, suspended sentences and intensive correction orders are also available sentencing options.

What Are The Implications Of A Conviction?

Court proceedings can be attended by the public, including media. In some cases, other members of the community can become aware or be informed of the proceedings.=

Possession of childlike sex dolls is not an offence that will result in an offender being placed on child protection register in New South Wales. However, it is important you get specific advice about your own state and territory.

Please contact one of our criminal law experts on 1300 038 223 or send us an email for further advice and assistance if you or have been charged with this offence.

Anastasia Qvist - Associate - Canberra

This article was written by Anastasia Qvist - Associate - Canberra

Ana is based in our Canberra office and practices in both ACT and NSW jurisdictions. Ana has over 5 years’ experience working as a criminal law advocate. Ana has appeared in the Local, District and Supreme Court in NSW and the Magistrates Court in the ACT. Ana is a strong advocate in the courtroom and has appeared without counsel in...

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