What Offences Are Considered Child Sexual Abuse in NSW?

There are numerous different offences that target child sexual abuse. This involves offences related to contact, such as sexual intercourse with a child, indecent assault or sexual touching of a child. These are contained under the Crimes Act 1900 (NSW).

There are also technology-based offences such as grooming, using a carriage service to access, transmit, or solicit child abuse material, and using a carriage service to engage with a child for sexual activity. These offences are largely Commonwealth (i.e., Australia-wide) matters and are contained under the Criminal Code Act 1995 (Cth). In these circumstances, charges can be laid even without physical contact.

What Must the Prosecution Prove?

If you are charged with sexual intercourse with a child, the prosecution is required to prove beyond a reasonable doubt that:

• You had sexual intercourse (i.e., sexual penetration of a person’s genitalia or anus, or oral sex),

• The complainant was under 16 (or a younger age specified in the charge).

Where there is no penetration or oral sex, you may instead be charged with sexual touching, in which the prosecution is required to prove that you intentionally touched the child, incited the child to touch you, or incited someone else to touch the child. 

They will also need to prove the touch was sexual. The test that applies is whether a reasonable person would consider the touching sexual. This will include reference to the area touched, body part used, and whether it was for the purposes of sexual gratification or arousal. 

It will be integral to analyse any medical evidence, messages, chat logs, the statement of the complainant, as well as any device intercepts.

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Penalties for Child Sexual Offences in NSW

The penalties imposed for child sexual offences will depend upon the actual offence type and the circumstances of the matter. It will also depend on whether the offence is ‘aggravated’ as well as the age of the child. 

The applicable maximum penalties for sexual intercourse with a child are:

• Child under the age of 10 = life imprisonment,

• Child between the age of 10 and under 14 years (in circumstances of aggravation) = 20 years imprisonment,

• Child between the age of 10 and under 14 years = 16 years imprisonment,

• Child between the age of 14 and under 16 years (in circumstances of aggravation) = 12 years imprisonment,

• Child between the age of 14 and under 16 years = 10 years imprisonment. 

Circumstances of aggravation refer to circumstances in which the accused person:

• at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby (including by using an offensive weapon or instrument),

•  is in the company of another person or persons,

•  took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence,

• deprives the complainant of their liberty for a period before or after the commission of the offence, or

• breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

It also includes where the complainant:

• is (whether generally or at the time of the commission of the offence) under the authority of the accused person,

•  has a serious physical disability, or

• has a cognitive impairment. 

If the charge relates to sexual touching of a child, the maximum penalty related to a child under 10 is 16 years imprisonment, whereas the maximum penalty for sexually touching a child between 10 and 16 is 10 years imprisonment. 

Both are classified as ‘table 1’ offences, which means that they will be dealt with in the Local Court unless the prosecution or defence elects for the matter to proceed to the District Court. If the charge is dealt with in the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine for a single offence. 

Whilst sexual touching matters involving children can be dealt with in the Local Court, they are most often prosecuted by the Director of Public Prosecutions rather than a Police Prosecutor who would normally appear in the District Court.

Factors such as a significant age gap, breach of trust, planning, and having a previous record affect sentencing. Another aspect of sentencing to keep in mind is that if convicted, you will be considered a registrable person for the Child Protection Register. 

If you are on the Child Protection Register, you will need to report to the police for a set time, which could be from 8 years, 15 years, or indefinitely, depending on the offence. You will need to provide the police with details such as your social media accounts, phone number, where you are employed and your address.

Will I Get Bail for a Child Sexual Offence Charge?

Child sexual offences can often lead to strict bail conditions or bail being refused.

Child sexual offences, such as sexual intercourse with a person under 16 years of age, are considered a ‘show cause’ offence in New South Wales. If an offence is ‘show cause’, it adds an extra hurdle or test to being granted bail. It provides that a bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why their detention is not justified.

The ‘show cause’ requirement does not require there to be something ‘special or exceptional’, and it may be shown through a culmination of different factors. If the accused person shows cause, the application will then proceed to the ‘unacceptable risk test’.

This involves the accused person demonstrating that there is no unacceptable risk that cannot be mitigated by the imposition of bail conditions. Whether there is an unacceptable risk involves an assessment of bail concerns. Bail concerns referred to concerns that an accused person may fail to appear at any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals, or the community, or interfere with witnesses or evidence.

The court will consider a multitude of factors, including the strength of the prosecution’s case, the accused’s criminal history, whether they have a history of non-compliance with court orders, whether they have strong community ties, and whether they pose a flight risk.

It is important to obtain early and experienced legal advice to present the strongest application to the court. It is integral to highlight your familial and community support, as well as any treatment plans or rehabilitative efforts.

Defending Child Sexual Offence Charges in NSW

Common defence strategies to child sexual offence charges include:

• False allegation,
  

• Mistaken identity,
  

• Mistaken belief of age,
  

• Age-gap defence (where the complainant is or over 14 years of age and the defendant is no more than 2 years older),
  

• Mental health.
  

Lawyers can seek to challenge evidence presented, including the credibility of the complainant, medical evidence, and other statements presented to the police. Charges can be withdrawn or downgraded following engagement in negotiations with the prosecution. 

What To Do If You've Been Accused of a Child Sexual Offence

If you have been charged with a child sexual offence, it will be important to:

• Not speak to the police or participate in an interview without contacting a lawyer,
  

• Preserve any evidence such as messages, photos or videos,
  

• Note down your version of events and prepare a timeline,
  

• Do not contact the complainant or any prosecution witnesses
  

• Call Elite Defence Lawyers for advice.
  

Early intervention and steps taken can assist in protecting your rights and position in the ongoing proceedings.

Why Choose Elite Defence Lawyers for a Child Sexual Abuse Case

Facing allegations of child sexual abuse is one of the most serious and emotionally charged situations anyone can experience. At Elite Defence Lawyers, we provide discreet, compassionate, and highly skilled representation to clients accused of such offences.

We approach every case with care and professionalism, ensuring your rights are protected and your defence is strategically prepared. We have successfully secured outcomes including withdrawn charges, downgraded offences, and not-guilty verdicts in many complex matters.

We understand the need for privacy, sensitivity, and relentless advocacy. Our lawyers are available 24/7, operate on fixed fees, and have a track record of success in both Local and District Courts.

When your freedom and reputation are on the line, trust Elite Defence Lawyers to deliver strong, intelligent, and confidential defence representation that prioritises your future.