What Are the Different Types of Child Sexual Abuse Offences?
Child sexual abuse is an extremely concerning crime that inherently carries severe legal consequences in Sydney, New South Wales (NSW), Australia.
Understanding the specific charges and the legal framework surrounding child sex offences is crucial for anyone who is facing such allegations.
Below we will detail the main categories of child sex offences and provide information on your options when charged with such crimes.
Please note that the following information serves as a general guide and should not substitute legal advice from a qualified child sex offences lawyer.
1 – Sexual Intercourse with A Child
One of the most serious child sex offences in Australia is engaging in sexual intercourse with a child, as defined under sections 66 and 73 of the Crimes Act 1900.
This offence involves engaging in sexual intercourse with a child who is under the age of consent, which is generally 16 years old in NSW. It is important to note that consent is not a valid defence in cases involving sexual intercourse with a child.
Your Options:
If you have been charged with having sexual intercourse with a child, it is essential that you seek legal advice immediately.
Your options may include pleading guilty or pleading not guilty, depending on the circumstances of your case.
Again, consulting with criminal lawyers in Sydney will help you better understand the potential outcomes and, indeed develop an effective defence strategy.
Pleading Not Guilty:
If you believe that you are innocent or have a valid defence, you may wish to plead not guilty. In this case, it is crucial that you consult with a child sex offence lawyer who can thoroughly analyse the evidence provided, challenge the prosecution’s case, and protect your rights throughout the legal proceedings.
Pleading Guilty:
If on the other hand, you choose to plead guilty, it is vital that you seek legal representation to assist you in navigating the legal process as effectively as possible.
A skilled child sexual offence lawyer can help mitigate the potential penalties associated with such charges and present your case in the most favourable light.
Sentencing for sexual intercourse with a child can vary significantly depending on the specific circumstances, and your lawyer will work to achieve the best possible outcome on your behalf.
What Is the Law Regarding Sexual Intercourse with A Child?
The law regarding sexual intercourse with a child is outlined in sections 66 and 73 of the Crimes Act 1900.
These provisions aim to protect children from sexual exploitation and carry severe penalties upon conviction.
Again, understanding the specific elements of the accused offence and the legal requirements involved is essential when building a strong defence.
What Does the Prosecution Set Out to Prove?
In the case of sexual intercourse with a child, the prosecution must prove beyond a reasonable doubt that:
- The accused individual did indeed engage in sexual intercourse with a child who was under the age of consent.
- They must also establish the identity of the accused and present evidence supporting their case.
- A skilled child sex offences lawyer will critically examine the prosecution’s evidence and challenge its credibility if necessary.
2 – Aggravated Sexual Intercourse with A Child:
Aggravated sexual intercourse with a child is a far more serious offence, thus carrying harsher penalties.
Aggravating circumstances include:
- Intentional or reckless infliction of actual bodily harm upon the child or someone else present.
- Threats of harm.
- Multiple people present during the offence.
- The child is under your authority.
- The child has a serious cognitive or physical impairment.
- Committing a break and entering.
- Depriving the child of their liberty.
- Taking advantage of a child under the influence of drugs or alcohol.
Your Options:
When you are facing charges of aggravated sexual intercourse with a child, your options include pleading not guilty or pleading guilty, depending on the specifics of your case.
Seeking the appropriate legal advice from an experienced child sex offences lawyer is crucial to understanding your rights and developing an effective defence strategy tailored to your specific circumstances.
Pleading Not Guilty:
If you maintain your innocence or have a valid defence, pleading not guilty is a viable option. An experienced lawyer will scrutinise the evidence, challenge the prosecution’s case, and protect your rights throughout the legal process.
Pleading Guilty:
If you choose to plead guilty, it is crucial to have skilled child sexual abuse lawyers by your side. They will work to mitigate the potential penalties and present your case in the most favourable light whilst taking into account the aggravating factors involved.
What Is the Law Regarding Aggravated Sexual Intercourse with A Child?
Aggravated sexual intercourse with a child involves engaging in any form of sexual intercourse with a child under the age of consent, while one or more of the aggravating circumstances mentioned above are present.
This offence is governed by sections 66A and 73A of the Crimes Act 1900.
What Does the Prosecution Set Out to Prove?
In a case of aggravated sexual intercourse with a child, the prosecution must prove beyond a reasonable doubt that:
- The accused person engaged in sexual intercourse with a child who was under the age of consent and that one or more aggravating circumstances were present.
- The prosecution must establish the identity of the accused and present evidence supporting their case.
- It is the role of skilled child sexual abuse lawyers to critically examine and challenge the evidence if necessary.
3 – Sexual Intercourse with A Child in Special Care (Aged 16-18):
Sexual intercourse with a child in special care aged 16 to 18, is a distinct offence under section 73A of the Crimes Act 1900.
This offence relates to engaging in any form of sexual intercourse with a child who is in your special care, such as a student, a patient, or someone you have a duty of care towards (i.e., as a babysitter or legal guardian).
Your Options:
If you have been charged with having sexual intercourse with a child in special care (aged 16-18), your options include pleading not guilty or pleading guilty, depending on the specifics of your case.
Seeking legal advice from a child sex offences lawyer is essential to understanding your rights and developing an effective defence strategy.
Pleading Not Guilty:
If you maintain your innocence or have a valid defence, pleading not guilty is an option that you can pursue.
In this case, qualified child sexual abuse lawyers will assess the evidence in question, challenge the prosecution’s case, and protect your rights to the best of their ability throughout the legal proceedings.
Pleading Guilty:
If you choose to plead guilty, having a knowledgeable child sex offences lawyer in your corner is crucial to securing the best possible outcome. They will work to mitigate the potential penalties and present your case in the most favourable light, considering the circumstances surrounding the offence.
What Is the Law Regarding Sexual Intercourse with A Child in Special Care (Aged 16-18)?
The law regarding sexual intercourse with a child in special care (aged 16-18) is outlined in section 73A of the Crimes Act 1900.
This provision aims to protect vulnerable individuals under special care from sexual exploitation.
Again, understanding the specific elements of the offence in question and the associated legal requirements is crucial in building a strong defence on your behalf.
What Does the Prosecution Set Out to Prove?
To secure a conviction for sexual intercourse with a child in special care (aged 16-18), the prosecution must prove beyond a reasonable doubt that:
- The accused person engaged in sexual intercourse with a child who was in their special care.
- The prosecution will need to establish the identity of the accused and present evidence supporting their case.
- It is the role of a skilled child sex offences lawyer to critically examine and challenge the evidence if necessary.
4 – Procuring or Grooming a Child (Aged Under 16) For Unlawful Sexual Activity
Procuring or grooming a child under the age of 16 for unlawful sexual activity is a severe and specific offence under section 66EB of the Crimes Act 1900.
This offence relates to procuring and/or grooming a child under the age of legal consent with the intention of engaging in sexual intercourse with them. Below is a detailed definition of the offences, extracted from section 66EB of the Crimes Act 1900:
- Procuring children: an adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence.
- Meeting child following grooming: an adult person—
- (a) who intentionally meets a child, or travels with the intention of meeting a child, whom the adult person has groomed for sexual purposes, and
- (b) who does so with the intention of procuring the child for unlawful sexual activity with that adult person or any other person, is guilty of an offence.
Your Options:
If charged with procuring or grooming offences relating to meeting a child under the age of 16 for unlawful sexual activity, your options include pleading not guilty or pleading guilty, depending on the specifics of your case.
Seeking legal guidance from reputable child sexual abuse lawyers is crucial in understanding your rights and subsequently developing an effective strategy in your defence.
Pleading Not Guilty:
If you believe you are innocent or have a valid defence, pleading not guilty is an option that you can pursue.
In this case, your experienced child sex offences lawyer will assess the evidence, challenge the prosecution’s case, and protect your rights to the best of their ability throughout the legal proceedings.
Pleading Guilty:
If you choose to plead guilty, it is important that you have skilled child sex offence lawyers by your side. They will work tirelessly to mitigate the potential penalties and present your case in the most favourable light, considering the circumstances of your situation.