Child Sex Offences / Grooming
CHILD SEX OFFENCES LAWYERS SYDNEY
As a leading criminal defence law firm based in Sydney, our expert team of criminal lawyers possess a wealth of knowledge in relation to child sex offences/grooming.
如果您或您认识的人面临此类指控，请立即联系 Essere - The Defenders 进行首次咨询。.
Sexual assault charges are perceived as very serious crimes, even more so when a child is involved. There are numerous actions that may constitute a child sex offence all of which have significant maximum penalties. These offences are found in various sections of the Crimes Act 1900 (NSW) and consist of the following:
- 66A Sexual Intercourse with a child under 10
- Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.
- 66B Attempting, or assaulting with intent, to have sexual intercourse with a child under 10
- Any person who attempts to have sexual intercourse with another person who is under the age of 10 years, or assaults any such person with intent to have sexual intercourse, shall be liable to imprisonment.
- 66C Sexual intercourse and aggravated sexual intercourse with a child between 10 and 16
- Child between 10 and 14: Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment.
- Child between 10 and 14 – aggravated offence: Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment.
- Child between 14 and 16: Any person who has sexual intercourse with another person who is or above the age of 14 years and under the age of 16 years is liable to imprisonment.
- Child between 14 and 16 – aggravated offence: Any person who has sexual intercourse with another person who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.
- 66EA Persistent sexual abuse of a child
- A person who, on 3 or more separate occasions occurring on separate days during any period, engages in conduct in relation to a particular child that constitutes a sexual offence is liable to imprisonment.
- 66EB Procuring or grooming a child under 16 for unlawful sexual activity
- 2. 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.
- 2a. Meeting child following grooming: An adult person:
- Who intentionally meets a child, or travels with the intention of meeting a child, whom the adult person has groomed for sexual purposes, and
- Who does so with the intention of procuring the child for unlawful sexual activity with that adult person or another other person is guilty of an offence.
- 2b. For the purposes of subsection (2A), a child has been “groomed for sexual purposes” by an adult if, on one or more previous occasions, the adult person has engaged in conduct that exposed the child to indecent material.
- 3. Grooming children: An adult person:
- Who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance,
- Who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person is guilty of an offence.
It is important to remember in cases relating to sexual assault charges and acts of indecency, consent is a frequently discussed topic. In accordance to NSW law, any child under the age of 16 is unable to give consent, and therefore offenders will be liable to punishment as per the Crimes Act.
处罚
As there are many crimes that constitute a child sex offence, there are also a variety of associated penalties. Generally speaking, the younger the child, the more severe the penalty. As per the Crimes Act 1900 the maximum penalties for child sex offences are listed below.
- 66A Sexual Intercourse with a child under 10: Imprisonment for life
- 66B Attempting, or assaulting with intent, to have sexual intercourse with a child under 10: Imprisonment for 25 years
- 66C Sexual intercourse and aggravated sexual intercourse with a child between 10 and 16
- Child between 10 and 14: Imprisonment for 16 years.
- Child between 10 and 14 – aggravated offence: Imprisonment for 20 years.
- Child between 14 and 16: Imprisonment for 10 years.
- Child between 14 and 16 – aggravated offence: Imprisonment for 12 years.
- 66EA Persistent sexual abuse of a child: Imprisonment for 25 years
- 66EB Procuring or grooming a child under 16 for unlawful sexual activity
2. Procuring children:
- In the case the child is under 14 years: Imprisonment for 15 years, or
- In any other case, imprisonment for 12 years.
2a. Meeting child following grooming:
- In the case the child is under 14 years: Imprisonment for 15 years, or
- In any other case, imprisonment for 12 years.
3. Grooming children:
- In the case the child is under 14 years: Imprisonment for 12 years, or
- In any other case, imprisonment for 10 years.
Due to the seriousness of these crimes, imprisonment is likely. However, the Court has the ability to impose a reduced term of imprisonment or alternative punishments in appropriate cases. Alternative punishments that the Court may decide to implement include home detention where an individual is subject to electronic monitoring and strict supervision, fines, suspended sentences, community service orders or intensive correction orders.
有罪
If you personally agree that you are guilty of any of the above child sex offences, and the Police are also able to prove this claim, you have the option to plead guilty to the charges set out against you. In this instance, the case will then proceed to sentencing in which you will be facing the maximum penalty associated with your specific charge. It is important to know that these crimes are taken very seriously in the Court and imprisonment is likely.
However, in some instances pleading guilty may actually be more favourable in the Court as it typically showcases remorse for your actions. As a result, the Court may award individuals with a reduced sentence and potentially less serious charges. Some of the alternative punishments that a Court may enforce in appropriate circumstances include home detention, intensive correction orders, or community service.
For more accurate advice relating to the penalties that will enforced should you be found guilty, contact our criminal defence lawyers to organise a first consultation.
无罪
Should you plead not guilty to any of the child sex offences listed above, the case will proceed to a trial in which the the prosecution will have to establish and prove that you did commit the crime beyond a reasonable doubt. If the prosecution is unable to prove these facts, you will not be convicted of the offence.
However, if the prosecution is able to prove these facts, a conviction is likely to follow. In order to avoid this our well prepared criminal defence lawyers will also aim to negate the claims made by the prosecution through cross examination of witnesses and physical evidence. Our lawyers will also establish a relevant defence strategy in appropriate situations to cast doubt over the allegations made.
防御
If you or someone you know is facing charges relating to child sex offences it is advised to seek legal representation for expert criminal defence lawyers immediately. Should we represent you, we may be able to establish the following defences appropriate situations:
诚实合理的错误： 1995 年《刑法典法》（澳大利亚联邦）规定了个人不对特定罪行承担刑事责任的情况。刑法典法》第 9 分部规定：
9.1: 不了解事实的错误（过失以外的过错要素）。.
- 在下列情况下，一个人不对具有过失以外的过错因素的有形犯罪承担刑事责任：
- 在作出构成有形要件的行为时，该人对事实有误解或无知，并且
- 这种错误信念或无知的存在否定了适用于该物理要素的任何过错要素。.
- 在确定某人是否误信或不了解事实时，事实法庭可考虑在当时情况下误信或不了解事实是否合理。.
Therefore, it must be proven that there was a mistaken belief surrounding the incidence. A common example relating to child sex offences in when the accused was led to believe the victim was over the age of 16. This characters a reasonable mistaken belief in which the accused will be found not guilty of this particular charge.
Actual Innocence: A claim innocence is not sufficient enough to negate the claims of sexual assault. If evidence can be provided that proves that you were not involved in the offence, such as CCTV footage of you being at an alternative location when the offence took place, reasonable doubt will be cast on the allegations, in which you will be found not guilty.
哪个法庭？
The severity amongst each of these matters differs greatly. Generally speaking, less serious offences will be finalised in the 地方法院. More significant crimes, such as the offence sexual intercourse with a child under 10 which carries a maximum penalty of life imprisonment, are indictable offences and therefore will be dealt with at the 地区 或 最高法院 .
As leading criminal defence lawyers, Essere – The Defenders has extensive experience in representing clients at various Court locations throughout NSW and have even won cases in the NSW Supreme Court. Our Sydney based sexual assault lawyers will advise you on the relevant Court that you will need to attend and are dedicated to achieving the best outcome possible regardless of which Court the matter will be heard in.
Contact our leading criminal law firm now for a first consultation.
