What falls under “child sex offences” in NSW? | Key offence types include: - Sexual intercourse with a child: under 10, and 10–16 (higher penalties if under 10 or if aggravated).
- Sexual touching / sexual acts involving a child: separate offences for under 10 and 10–16.
- Grooming / procuring a child for sexual activity, including meeting after grooming.
- Persistent child sexual abuse (course of conduct).
- Special care offences: sexual intercourse or sexual touching with a 16–17 year old under your “special care” (e.g., teacher, carer, health professional).
Note: “Sexual intercourse” includes penetration to any extent and oral sex. | Where will my case be heard? | Most matters start in the Local Court. More serious allegations (e.g., sexual intercourse with a child, persistent abuse) are committed to the District Court under the Early Appropriate Guilty Plea (EAGP) process: brief of evidence → charge certification → case conference → committal. | Bail: will I be released? | Child-sex allegations often trigger “show cause” bail (you must show why detention isn’t justified) if the charge involves sexual intercourse with a person under 16 or carries life. The court then applies the unacceptable-risk test and may set strict conditions. Early advice makes a real difference. | Will I be put on the Child Protection Register? | If convicted of a registrable child-sex offence, you may have reporting obligations (duration depends on offence class and history). Breaches carry serious penalties. We’ll advise you about eligibility, duration and exemptions. | What are the maximum penalties? | - Sexual intercourse with a child – under 10 (s 66A)
Life imprisonment (standard non-parole period of 15 years). - Sexual intercourse with a child – ages 10 to 14 (s 66C(1) or (2))
Up to 16 years’ imprisonment, or up to 20 years if aggravated.
- Sexual intercourse with a child – ages 14 to under 16 (s 66C(3))
Up to 10 years’ imprisonment.
- Sexual touching of a child – under 10 (s 66DA)
Up to 16 years’ imprisonment.
- Sexual touching of a child – ages 10 to under 16 (s 66DB)
Up to 10 years’ imprisonment.
- Grooming or procuring a child (s 66EB)
Between 10 and 15 years’ imprisonment, depending on the child’s age and the conduct (higher where the child is under 14, or for procuring or meeting after grooming).
- Persistent child sexual abuse (s 66EA)
Life imprisonment.
- Special care offences – sexual intercourse (s 73)
Up to 8 years’ imprisonment for ages 16 to under 17, or up to 4 years for ages 17 to under 18.
- Special care offences – sexual touching (s 73A)
Up to 4 years’ imprisonment for ages 16 to under 17, or up to 2 years for ages 17 to under 18. These are maximum penalties. Actual outcomes depend on the facts, any aggravating or mitigating factors, and the court hearing the matter. | | Is consent relevant in child offences? | - Under 16: a person cannot in law consent. The offence focuses on age (lack of consent need not be proved for s 66C).
- Under 10: consent is not capable of being given.
- Similar-age defence may apply in limited situations (e.g., complainant at least 14 and age gap ≤2 years).
| What does “special care” mean? | Special care” covers trusted roles (e.g., teacher, guardian, health professional, residential carer, people with authority/supervision). Sexual offences can still occur even if the young person is 16–17. Penalties depend on the act and the young person’s exact age. | What happens on my first court date? | Your first mention is administrative: confirm legal representation, consider bail, and set a timetable for the brief. No witnesses are called. We ask for the police brief and manage timeframes under EAGP. | Possible defences we consider | - Identity/reliability: CCTV, phone data, message history, timing, inconsistencies.
- No “sexual” element for touching/acts in context.
- Honest & reasonable mistake of age (limited to certain 14–<16 scenarios).
- Similar-age defence (narrow statutory defence).
- Alibi / no opportunity, lack of intent, and evidentiary challenges (forensic, digital, interview lawfulness).
We tailor strategy to the brief and witness material. | Early guilty plea: does it change the sentence? | For indictable matters on indictment, NSW has mandatory discounts tied to timing (up to 25% at the earliest stage). Get advice before any plea—timing is critical under the EAGP scheme. | |
