Criminal Defence Lawyers for Attempting, or Assaulting with Intent to have Sexual Intercourse with Child between 10 and 16

Attempting With Intent To Have Sexual Intercourse With Child Between 10 And 16 – s 66D Crimes Act

Charged with an offence of attempting, or assaulting with intent to have sexual intercourse with a child between 10 -16 years of age is extremely daunting. Our criminal defence lawyers have an exceptional record of success in proving their clients innocence, and getting these charges dropped early countless times for over 20 years. Speak to them early for specialised advice and guidance.

Your Options in Court

PLEADING NOT GUILTY

You can only be found guilty to an offence of attempting, or assaulting with intent, to have sexual intercourse with a child between 10 and 16, if police can prove each of the following elements of the charge beyond reasonable doubt in court:

 If charged with attempting:

  • You attempted to have sexual intercourse with the victim; and
  • The victim was aged 10 or more, but less than 16 years.

If charged with assault with intent:

  • You assaulted the victim; and
  • You intended to have sexual intercourse with the victim at the time; and
  • The victim was aged 10 or more, but less than 16 years.

You will be not guilty, and your charge dismissed if police are unable to prove any one or more of the above elements of your charge in court.

You will still be guilty to this offence if the child consents.

Defences to this charge

You will be Not Guilty if:

  • Mental illness defence: Where you were suffering a defect of reason of your mind due to a mental illness (i.e. schizophrenia) that caused you to either, not control your actions, not know what you were doing, or not know that what you were doing was wrong. This can apply only to a charge of assaulting with intent to have sexual intercourse offence only.
  • Intoxication: This only applies to an offence of assaulting with intent to have sexual intercourse, where you had involuntarily consumed a substance that caused you to be intoxicated at a level you were incapable of forming an intention to have sexual intercourse.
  • Where child is 14 years or more, but less than 16, you honestly believed the victim was at least 16 years of age, and it was reasonable to have held that belief in the circumstances.
  • You had no intention of having sexual intercourse, or where you made no attempt to do this, in circumstances your conduct is also consistent of someone with an intention other than attempting to have sexual intercourse.
  • Mistaken identity: Where the victim has mistaken your identity as the perpetrator’s.
  • If charged with assaulting with intent: You didn’t foresee the likelihood of causing fear or injury to the victim. i.e. Where your behaviour wasn’t hostile, or it was a physical contact considered to be acceptable as part of every day life.
  • Duress or Necessity: Where you committed the offence to avoid serious harm to someone, or because you were threatened or coerced to do it.

Your charge will be dismissed, and you will be not guilty if any one of the above defences to this offence apply to your case.

Speak to one of our senior defence lawyers for realistic advice on your best defence, and how to strengthen it early. Our team of lawyers have a proven record of success in securing not guilty verdicts in court, and getting charges dropped early many times for over 20 years.

PLEADING GUILTY

If pleading guilty, speak to an experienced specialist lawyer to secure the best possible outcome through thorough preparation and presentation of your case in the best way catered to your situation. See below for some of the main critical tips on how to best prepare your case.

25% Discount on punishment

Pleading guilty to an offence of attempting, or assaulting with intent to have sexual intercourse with a child between 10 and 16, at the earliest time will get you a 25% discount on punishment. This results in a more lenient, better result in court.

This discount continued to reduce the later the plea of guilty is entered. This is why it’s important to speak to an experienced lawyer as early as possible.

Good character references

This is a letter from family, friends, charity, work, and apology letter from you, for the Judge to read about your good character, remorse, contrition, insight, and shame. It allows the Judge to consider giving you further leniency, and a better outcome to your case.

Our team of lawyers will guide you in this process, and each letter will be reviewed.

Negotiate to drop charges

By analysing carefully the police evidence, you can pick out the holes in it and then use this to tactfully approach police to convince them to drop the charges early. For best chances at success, it’s highly advisable to get an experienced lawyer to do this, to develop the best strategy when negotiating.

Our lawyers specialise in getting charges dropped early, and have a significant proven record of success for over 20 years.

Negotiate facts

The police set of facts is a document expressing your offending behaviour which you plead guilty to. The Judge reading it will then consider the appropriate punishment, which can be heavier than it should be if police have inaccurately and unfairly reflected you in the set of facts. For a fairer, and lighter outcome, it’s critical to change this set of facts by negotiating.

Our team of lawyers often negotiate with police to change the facts to express a more accurate version of what occurred, putting you in a better light, getting you a much better outcome in court. This is often achieved through a good knowledge of the evidence and its holes.

Psychologist reports

A powerful court report from an experienced and respected psychologist or psychiatrist for the Judge to read can significantly improve your court outcome, giving you a much more lenient punishment.

For maximum results from a good report, it should comment on your state of mind i.e. mental illness, shame, remorse, and understanding of your own wrongdoing, including any history of being a victim of child sex abuse yourself.

Maximum penalty

If the child was 14 years or more, but less than 16, the maximum punishment is a term of imprisonment of up to 2 years if dealt with in the Local Court. If dealt with in the District Court, the maximum is up to 25 years.

If child is less than 14, the maximum punishment is a term of imprisonment of up to 15 years in the District Court.

Keep in mind, that the maximum is rarely given, and only given to the most serious cases.

Types of penalties

The Judge will give you one of the following types of punishment. This will depend on the above points in preparing, and presenting your case:

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

Call now to speak to one of our leading criminal defence lawyers for realistic and practical advice on how to best prepare and powerfully present your case. With over 20 years experience specialising in child sex cases, our senior lawyers will work around the clock to maximise your chances at getting the best possible outcome.

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