Sexual Offences

Sexual offences

Serious penalties apply to sexual offence charges. If you have been charged, you should get legal advice ASAP about your options, any available defiance or likely penalty.

Note: The law changes from time to time and the below information may not be accurate at the time of your viewing. You should book an appointment now for advice, as different information may apply.

Court Process

All charges start in the Magistrates Court but Sexual Offences are indictable offences which means they must be sent to the District Court. The process to transfer the charges from the Magistrates Court to the higher court is called a Committal Hearing.

What is the Penalty?

The possible penalty will depend on the type of offence you are being charged with.

Do you need a Lawyer? 

You should get advice from us straight away if the police contact you for an interview or you have been charged with a Sexual Offence.

The following is information on some of the Sexual Offences our Criminal Defense Lawyers have been involved with:-

  • Indecent treatment of children under 16 s 210

    What is the law?

    Section 210 of The Criminal Code provides: -

    (1) Any person who—

    (a) unlawfully and indecently deals with a child under the age of 16 years; or

    (b) unlawfully procures a child under the age of 16 years to commit an indecent act; or

    (c) unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years; or

    (d) wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person; or

    (e) without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

    (f) without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a child under the age of 16 years;

    is guilty of an indictable offence.

    (2) If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

    (3) If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

    (4) If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

    (4A) If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

    (4B)…

    (4C)…

    (5) If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

    (5A) If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

    (6) In this section— deals with includes doing any act which, if done without consent, would constitute an assault as defined in this Code.

    What does the prosecution needs to prove?

    s 210(1)(a) Indecent Dealing:-

    1. The accused dealt with the complainant.

    2. The dealing was indecent.

    3. The dealing was unlawful.

    4. The complainant was under 16 years.

    (s 210(1)(b)) Unlawfully procuring:-

    1. The accused unlawfully procured a child.

    2. To commit an indecent act.

    3. The complainant was under 16 years.

    s 210(1)(c) Permitting Indecent Dealing

    1. The accused permitted the complainant to deal with him.

    2. That such dealing was indecent.

    3. That such dealing was unlawful; ie not authorised, justified or excused by law. Eg the accused must consciously allow the complainant to touch them.

    4. That the complainant was under the age of 16 years.

    s 210(1)(d) Wilfully and unlawfully exposing a child under 16 to an indecent act

    1. The accused wilfully and unlawfully exposed a child.

    2. To an indecent act by the accused or another person.

    3. The complainant was under 16 years.

    s 210(1)(e) Exposing a child under 16 to an indecent object etc

    1. The accused wilfully exposed a child.

    2. To an indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter.

    3. The complainant was under 16 years at the time.

    4. The accused had no legitimate reason to expose the complainant to the object etc.

    s 210(1)(f) Taking an indecent photograph etc of a child under 16

    1. The accused took an indecent photograph or recorded, by means of any device, any indecent visual image of a child.

    2. The complainant was under 16 years at the time.

    3. The accused had no legitimate reason for taking the photograph or image.

  • Carnal knowledge with or of children under 16 s 215

    Section 215 of The Criminal Code provides: -

  • Procuring young person etc for carnal knowledge s 217

    ##

  • Using internet etc to procure children under 16 s 218A

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  • Grooming children under 16 s 218B

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  • Involving child in making child exploitation material s 228A

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  • Making child exploitation material s 228B

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  • Distributing child exploitation material s 228C

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  • Possessing child exploitation material s 228D

  • Rape s 349

  • Attempt to commit rape s 350

  • Assault with intent to commit rape s 351

  • Sexual assaults s 352

  • Deprivation of liberty s 355

Note: The law changes from time to time and the above information may not be accurate at the time of your viewing. You should book an appointment with us for advice, as different information may apply.

We are your one-stop legal shop, and we are waiting for your call.

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