What the law states
The offence of sexual intercourse with a child is outlined in sections 66A and 66C of the Crimes Act 1900 (NSW).
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For the definitive purposes of this offence, sexual intercourse includes:
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the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
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the penetration to any extent of the anus of any person by any part of the body of another person;
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the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
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a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
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cunnilingus (oral sex performed on the genitals of a female).
There are different penalties for sexual intercourse with a child, depending on the age of the child at the time of the intercourse. These penalties differ if there are any aggravating circumstances present. Circumstances of aggravation include:
(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(e) the alleged victim has a serious physical disability, or
(f) the alleged victim has a cognitive impairment, or
(g) the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or
(h) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or
(i) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.
It is not a defence to a charge of sexual intercourse with a child that the alleged offender was not aware of the age of the child or that the alleged offender believes that the child is over 16 years of age. Also, it is no defence to this offence if it is claimed that the child consented to the intercourse. No other defences apply to this offence.
Penalties
For sexual intercourse with a child:
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under 10 years of age the maximum penalty is 25 years imprisonment or life imprisonment if circumstances of aggravation are present;
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between the ages of 10 and 14 years, the maximum penalty is 16 years imprisonment or 20 years if circumstances of aggravation are present;
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between the ages of 14-16 years, the maximum penalty is 10 years imprisonment, or 12 years if circumstances of aggravation are present.
Any attempt to have sexual intercourse with a child will result in the same penalty as that provided for the commission of the offence.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with sexual intercourse with a child or aggravated sexual intercourse with a child, the criminal lawyers at Prime are able to examine the circumstances of your case and advise you of your best options in order to achieve the best outcome for you.