Sexual Intercourse With Child

Best Sexual Intercourse with Child Lawyers

Our sexual intercourse with child lawyers understand that these charges can upend your life. The stakes for such offences are extremely high, so it is important that you have the best criminal lawyers for child sexual assault charges by your side. You can view some recent results for sexual intercourse with child charges here.

We understand the stigma that comes with such allegations and the impact it can have on your employment and family life.

Fortunately, our team of specialist criminal defence lawyers have over 10 years experience in proving our clients’ innocence. Should you wish to plead guilty to the charge, we are also experts in obtaining the most lenient sentence possible.

Contact us now to discuss your case with a specialist child sexual assault lawyer.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Sexual intercourse with a child?

  Section 66A of the Crimes Act 1900 (NSW) sets out that if you engage in sexual intercourse with a child, you can be guilty of an offence.

  Sexual intercourse with a child is a strictly indictable offence. This means that the case must be finalised in the District Court.

   

  Sexual intercourse with child in ‘special care relationship’

  Section 73 of the Crimes Act 1900 (NSW) sets out that the prosecution must prove, beyond reasonable doubt, the following:

  1. You had sexual intercourse with the alleged victim; and
  2. The alleged victim was a child; and
  3. A ‘special care’ relationship existed at the time of the offence (eg. you were the alleged victim’s teacher, doctor, step-parent, priest etc).

   

  Aggravated sexual intercourse with child

  Section 66C of the Crimes Act 1900 (NSW) sets out that the prosecution is required to prove, beyond reasonable doubt, the following elements in order to establish your guilt for this offence:

  1. You had sexual intercourse with the alleged victim; and
  2. The alleged victim was a child; and
  3. A circumstance of aggravation existed at the time of the offence.

  Circumstance of aggravation

  The following are ‘circumstances of aggravation’:

  1. You intended, or were reckless to causing the alleged victim actual bodily harm; or
  2. You used a weapon to threaten to cause actual bodily harm; or
  3. You were with another person or persons; or
  4. The alleged victim was under your authority at the time (eg. you were the alleged victim’s teacher, doctor, step-parent or priest); or
  5. The victim had a serious physical injury or cognitive impairment at the time of the offence; or
  6. The victim was substantially intoxicated; or
  7. You did not allow the alleged victim to leave for a period before or after committing the offence; or
  8. You broke into and entered the victim’s home with the intention of committing the offence.

   

  How do you beat a Sexual intercourse with child charge?

  You can fight a sexual intercourse with a child charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You had sexual intercourse with the alleged victim; and
  2. The alleged victim was a child

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What are the Defences to Sexual Intercourse with child?

  You can be found ‘Not Guilty’ in the following situations:

  1. Honest and reasonable mistake: if you are charged with ‘Sexual intercourse with child between 14-16 years’, it is a defence that you held an honest and reasonable belief that the alleged victim was above the legal age of consent;
  2. Identification: The Crown cannot establish beyond reasonable doubt that you were the offender;
  3. Special care:if you are charged ‘Sexual intercourse with child between 14-16 years’ the prosecution cannot prove that a ‘special care’ relationship existed at the time of the offence.

  Consent is not a defence as a child cannot give consent to sexual activity of any kind.

  Should you be able to establish one of the above defences, you will be found ‘not guilty’.

  If you wish to plead ‘not guilty’, it is important you speak to a specialist child sexual assault solicitor as soon as possible.

  Contact us now so that we can begin preparing your defence immediately.

• PLEADING GUILTY

  Before pleading guilty it is critical you speak to an accredited specialist in criminal law to determine whether you have any defences open to you. If you have done so, our guide will assist you in preparing for sentencing.

  However, you will need to consult one of our specialist child sexual assault lawyers for representation in Court and specific advice for your case.

  Contact us now to arrange an appointment.

   

  What are penalties for Sexual intercourse with a child?

  An offence of ‘Sexual intercourse with child between 14-16 years’ carries a maximum term of imprisonment of 10 years.

  • There is no standard non-parole period (SNPP)

  An offence of ‘Aggravated Sexual intercourse with child between 14-16 years’ carries a maximum penalty is 12 years imprisonment.

  • The standard non-parole period is 5 years imprisonment

  An offence of ‘Sexual intercourse with child between 10-14 years’ carries a maximum term of imprisonment of 16 years.

  • The standard non-parole period is 7 years imprisonment

  An offence of ‘Aggravated Sexual intercourse with child between 10-14 years’ carries a maximum penalty is 20 years imprisonment.

  • The standard non-parole period is 9 years imprisonment

  An offence of ‘Sexual intercourse with child under 10 years’ carries a maximum term of life imprisonment.

  • The standard non-parole period is 15 years imprisonment

  An offence of ‘Sexual intercourse with child in a special care relationship’ carries the following maximum terms of imprisonment:

  • If the child was 16 years old, 8 years imprisonment;
  • If the child was 17 years old, 4 years imprisonment.
  • There is no standard non-parole period

   

  The SNPP is the starting point for the period of time you must spend in jail. This is not mandatory but more of a guide.

   

  What are the possible sentences for child sexual assault?

  Below is a list of possible sentences:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Offences of this nature almost exclusively result in a term of imprisonment. This is borne out in the sentencing statistics set out below.

   

  Will you go to jail for sexual intercourse with child?

  Looking at statistics over the last 5 years, it is unsurprising to see that over 80% of persons found guilty of sexual intercourse with a child were sentenced to full-time imprisonment.

  Plainly, jail is very likely for this offence. Recent sentencing amendments have done away with suspended sentences, which further increased the likelihood of a term of imprisonment being imposed if you are found or plead guilty.

  As such, you should speak to one of our specialist criminal defence solicitors for child sexual assault charges to begin preparing your defence.