Child Sexual Offences
What are
Child Sexual Offences?
Child sexual offences in New South Wales refer to a range of serious criminal offences under the Crimes Act 1900 (NSW) involving sexual activity with or against a person under the age of consent, which is 16 years old (or 18 years in some circumstances, such as when the offender is in a position of authority over the child).
These offences are treated extremely seriously and carry heavy penalties, including lengthy prison sentences and mandatory registration as a sex offender.
Key Child Sexual Offences in NSW include:
Sexual Intercourse with a Child Under 16 – Section 66C
It is an offence to have sexual intercourse with a person under 16 years of age.
Aggravated Sexual Intercourse with a Child – Section 66C(2)
Applies when there are aggravating circumstances, such as:
The offender is in a position of authority or trust
The child has a cognitive impairment
The offence was committed in company or involved violence or threats
Indecent Assault on a Child – Section 61M
Any non-consensual act of indecency (not necessarily intercourse), such as touching genitals or sexualised acts.
Sexual Touching of a Child – Section 61KC
Intentionally touching a child in a sexual manner without consent or when the child is under 16.
Persistent Child Sexual Abuse – Section 66EA
Involves multiple sexual offences against a child over a period of time.
Grooming a Child for Sexual Activity – Section 66EB
Engaging in communication or conduct with the intent to groom a child for sexual purposes.
The age of consent plays a central role in determining whether sexual activity is lawful. The law is designed to protect children and young people from exploitation, recognising that they may not have the maturity to give fully informed, voluntary consent to sexual activity—particularly where there is a power imbalance.
The general age of consent in NSW is 16 years old. This means it is illegal to engage in sexual activity with anyone under the age of 16. Consent from a child under 16 is not legally valid, even if the child agrees to or initiates the act.
If the accused is in a position of authority or special care, the law increases the age of consent to 18 years according to Section 73 of the Crimes Act 1900 (NSW). Individuals considered to be in a position of authority include:
Teachers or school staff
Religious figures
Employers or supervisors
Health professionals or counsellors
Foster carers or guardians
Sports coaches or club leaders
In these cases, even if the child is 16 or 17 years old, it is still illegal for the adult to engage in sexual activity with them because of the power imbalance and potential for manipulation or coercion.
Age of Consent
& Special Circumstances
The Penalties of
Child Sexual Offences
The penalties for child sexual offences are among the harshest in the criminal justice system due to the serious harm these offences cause to victims and the broader community. Sentences are designed to reflect the gravity of offending, the need for deterrence, and the protection of children.
These offences typically carry substantial terms of imprisonment as well as long-term consequences like sex offender registration. The penalties involve:
Sexual intercourse with child under 10
Maximum Penalty:
Life imprisonment
Sexual intercourse with child under 16
Maximum Penalty:
25 years of imprisonment
Aggravated sexual intercourse with child
Maximum Penalty:
25 years of imprisonment
Indecent assault on child under 16
Maximum Penalty:
10 years of imprisonment
Sexual touching of a child
Maximum Penalty:
10 years of imprisonment
Aggravated sexual touching (e.g. in company, authority)
Maximum Penalty:
14 years of imprisonment
Grooming a child for sexual activity
Maximum Penalty:
12 years of imprisonment
Persistent child sexual abuse (2+ acts over time)
Maximum Penalty:
Life imprisonment
Sexual offences by person in authority (e.g. teacher, coach)
Maximum Penalty:
8 years of imprisonment
A conviction for a child sexual offence results in a permanent criminal record, which has significant and lasting legal consequences. Unlike some lesser offences, these convictions cannot be spent, meaning they will remain on a person’s criminal history indefinitely, regardless of time passed or good behaviour. This record will appear on national police checks, which are commonly required for employment, professional licensing, rental agreements, and volunteer work. A criminal record for a child sexual offence will severely restrict access to many careers, especially those involving children or vulnerable persons.
Additionally, a person convicted of a child sexual offence will be automatically registered on the NSW Child Protection Register. It also carries strict reporting and compliance obligations that continue long after a prison sentence is completed. Offenders must regularly report to police and disclose personal details including their residential address, employment, phone numbers, email accounts, internet use, and travel plans. The length of time a person remains on the register can range from 8 years to life, depending on the nature and number of offences. Registration also imposes serious restrictions on daily life, including where a person can live or work, and may prevent them from being in proximity to schools, parks, or children’s services. Non-compliance with registration requirements is a criminal offence and can lead to further prosecution and imprisonment.
The Possible
Defence Strategies
NSW Courts take a firm stance on these matters, particularly where children are exploited, harmed, or manipulated. Given the seriousness of these charges, expert legal representation is essential to navigate the court process, protect legal rights, and achieve the most favourable outcome possible. Some possible defence strategies include:
Denial or Factual Dispute
The most straightforward defence is that the offence did not occur, or the accused did not commit it.
This strategy may involve challenging the credibility and reliability of the complainant's account, highlighting inconsistencies, delays in reporting, or lack of corroborating evidence (e.g. DNA, witness testimony).
Alibis, phone records, or CCTV may be used to prove the accused could not have been present at the time.
Mistaken Identity
Argues that the complainant has misidentified the accused as the perpetrator.
This may occur in historical allegations or where the complainant was very young at the time.
Defence may rely on alibi evidence or show weaknesses in the complainant’s identification.
Consent and Mistaken Belief in Age
For children aged 14 or 15, the law allows a limited defence where:
The accused reasonably believed the child was over the age of 16, and
That belief was honest and reasonable in the circumstances.
This defence does not apply if the child is under 14, or if the accused is in a position of authority (e.g. teacher, coach).
No Sexual Intent
For charges like indecent assault or sexual touching, the defence may argue the accused’s actions were not sexual in nature, and that any contact was accidental, misinterpreted, or lacked sexual motivation.
This requires careful presentation of context and conduct.
Mental Illness or Cognitive Impairment
If the accused was suffering from a mental illness or cognitive impairment at the time of the alleged offence, and did not understand the nature or wrongness of their actions, they may be found not guilty by reason of mental illness.
The person is diverted to a mental health facility rather than prison.
Challenge to Police Procedure or Evidence
Defence may argue that:
The accused’s confession was not voluntary or was obtained unlawfully
Search warrants, electronic surveillance, or interviews were not conducted in compliance with legal safeguards
If successful, this may result in key evidence being excluded at trial.
When facing a charge as serious as a child sexual offence, having the right legal team is critical. At Sydney Defenders, we recognise the life-altering consequences these allegations can have—not only on an individual’s freedom, but also on their reputation, employment, and future. Our firm provides access to an exclusive network of seasoned criminal defence barristers, regularly briefed in complex and sensitive matters involving serious indictable offences. Backed by a dedicated and highly skilled legal team, we work strategically to scrutinise the prosecution’s evidence, identify flaws or inconsistencies, and develop a compelling, evidence-based defence. We are committed to delivering realistic and practical legal advice, guiding our clients through each stage to put them in the best possible position before the court.