Best Defence Against Child Sex Allegations
Being accused of a sexual offence against a child can be distressing for anyone.
It is therefore important to consult criminal lawyers who are experienced in dealing with child sex claims.
A specialist sexual assault lawyer should have a good track record in:
- Convincing police not to press charges in the first place,
- Convincing police or DPP to drop cases or lessen charges that are already brought, and
- Winning hearings and trials when they are fully prosecuted.
Sections 66 and 73 of the NSW Crimes Act list a range of sexual offences against children and their corresponding maximum penalties.
The following offences involve ‘sexual intercourse’:
- Sexual intercourse with child under 10 years – 25 years imprisonment,
- Sexual intercourse with child under 10 years in circumstances of aggravation – life imprisonment,
- Sexual intercourse with child between 10 and 14 years – 16 years imprisonment,
- Sexual intercourse with child between 10 and 14 years in circumstances of aggravation – 20 years imprisonment,
- Sexual intercourse with child between 14 and 16 years – 10 years imprisonment,
- Sexual intercourse with child between 14 and 16 years in circumstances of aggravation – 12 years imprisonment,
- Sexual intercourse with child between 16 and 17 years who is under special care – 8 years imprisonment, and
- Sexual intercourse with child between 17 and 18 years who is under special care – 4 years imprisonment.
‘Sexual intercourse’ is defined as the penetration of a female’s genitalia, or the anus of anyone, by any part of another person or object, or penetration of any person’s mouth by any part of a penis, or cunnilingus.
‘Circumstances of aggravation’ are where:
- actual bodily harm is inflicted or threatened,
- there is deprivation or liberty,
- the child’s intoxication is taken advantage of,
- the child has a mental impairment or serious physical disability,
- the child is under the alleged offender’s authority eg a student, or
- he alleged offender is with another person/s.
‘Special care’ is where the alleged offender:
- is the child’s step-parent, guardian, foster parent, school teacher, custodial officer or health care professional, or
- has created a personal relationship through religious, sporting, musical or other instruction.
The following offences do not involve sexual intercourse:
- Procuring child under 14 years for unlawful sexual activity – 15 years imprisonment,
- Procuring child between 14 and 16 years for unlawful sexual activity – 12 years imprisonment,
- Grooming child under 14 years for unlawful sexual activity – 12 years imprisonment,
- Grooming child between 14 and 16 years for unlawful sexual activity – 10 years imprisonment,
- Meeting child under 14 years following grooming – 15 years imprisonment, and
- Meeting child between 14 and 16 years following grooming – 12 years imprisonment.
Procuring means obtaining or getting a child for unlawful sexual activity.
Grooming means exposing a child to indecent material, alcohol or drugs with the intention of meeting them for unlawful sexual activity. Material can include conversation whether online or otherwise.
Pleading Not Guilty
If you don’t agree with the allegations, it is important for your lawyer to fight for the case to be dropped.
This can be achieved by:
- Obtaining any statements and materials that support your case,
- Writing and advising the prosecution of inconsistencies and other weaknesses in the case against you,
- Advising the prosecution that you have a valid defence, and
- Pressing for the withdrawal of the case.
If the prosecution refuses, your lawyer should have a proven track record in winning cases similar to yours.
Defences
Your lawyer can advise you if any of the following defences apply:
Honest and reasonable mistake
It is a defence to a sexual offence involving a child if you believed, and had good reason to believe, that they were not a child.
Duress
It is a defence if you were forced to commit the offence under a threat of serious injury or death.
Pleading Guilty
If you wish to plead guilty, any of the following penalties may apply:
Non Conviction Order
This means that you are guilty but the court does not impose a criminal conviction upon you.
The court will look a range of matters when deciding whether to grant a ‘section 10 dismissal or conditional release order’ – including the incident itself, the lead-up to the incident, your general character and your personal circumstances.
Good behaviour bond
This means that you cannot commit any further offences for the duration of the bond.
The bond may have additional conditions, such as seeing a Community Corrections officer and complying with their directions.
Community service order
This means that you must undertake a specific number of hours of unpaid work over a 12 month period.
The maximum is 500 hours.
Community service orders are not available to all defendants or for all ‘sexual offences’.
Your lawyer will be able to advise whether community service is available to you.
Intensive correction order
This means that you come under the supervision of the Department of Corrections and are required to undertake 32 hours of community service work per month.
You may also be required to undertake rehabilitation programs, attend conferences and be subjected to urinalysis and monitoring.
Intensive correction orders can last up to 2 years.
Intensive correction orders are not available to all defendants or for all ‘sexual offences’.
Your lawyer will be able to advise whether an intensive correction order is available to you.
Home detention
This means that you must generally stay at home for the duration of your sentence, subject to exclusions such as approved work or attending medical appointments or counselling.
Home detention orders can last up to 18 months.
Home detention orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether home detention is available to you.
Suspended sentence
This is when you are sentenced to a period of imprisonment, but are not actually sent to prison as long you comply with any conditions and do not commit any further offences.
Suspended sentences can last up to 2 years.
Full time prison
This is when you are sent to gaol.
Full time imprisonment can only be imposed if no other alternative is appropriate in the circumstances.
Call our experienced criminal lawyers today for a free first appointment where we can discuss the case against you and advise you of the best way forward.
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