Criminal Defence Lawyers for Offences of Attempting, or Assaulting with Intent to have Sexual Intercourse with Child under 10

Attempting With Intent To Have Sexual Intercourse With Child Under 10 – s 66B Crimes Act

Charged with an offence of attempting, or assaulting with intent, to have sexual intercourse with a child under 10 is extremely stressful. Our criminal defence lawyers have successfully secured not guilty verdicts, and convinced police to drop these charges countless times for over 20 years in specialising in child sex cases.

Your Options in Court

PLEADING NOT GUILTY

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

If charged with attempting to have sexual intercourse:

  • You attempted to have sexual intercourse with the victim; and
  • The victim was under 10 years of age.

If charged with assaulting with intent to have sexual intercourse:

  • You assaulted the victim; and
  • The victim was under 10 years of age; and
  • You intended to have sexual intercourse with the victim at the time of assault.

You will be found not guilty, and your charge dismissed in court, if police cannot prove any one or more of the above elements of the charge you face.

The child giving consent is not considered a defence under the law.

Defences to this charge

You will be Not Guilty if:

  • There was no attempt, or intention to have sexual intercourse: Where your conduct can also be construed as being consistent with attempts other than attempts of sexual intercourse, or where your conduct is inconsistent with attempting to have sexual intercourse.
  • Mistaken identity: Where the alleged victim has mistaken you as the perpetrator.
  • You had no intention, nor did you foresee the likelihood of inducing fear or causing injury to the victim. i.e. your conduct was not a hostile act, or your conduct was an inevitable part of the exigencies of everyday life because of implied consent, or because your conduct of physical contact is generally acceptable as part in the conduct of daily life.
  • You were incapable of forming an intention to have sexual intercourse due to your level of intoxication, where the intoxicating substance was not taken voluntarily.
  • Mental illness defence: Where at the time, you were suffering a defect of reason due to a disease of the mind (i.e. mental illness, schizophrenia) which caused you to not have control of your actions, or not know the nature or quality of your actions, or not know that your conduct was wrong.
  • Duress or Necessity: Where you were forced by threat to commit the offence, or where you did it to avoid serious harm.

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

Our senior lawyers specialise in child sexual cases, with proven success in proving their clients innocence, and getting these charges dropped early countless times for over 20 years. Speak to our team now for advice on your best defence.

PLEADING GUILTY

If pleading guilty to this offence, see the following critical points in best preparing and presenting your case. The following information explains how to maximise your chances at getting the best possible, most lenient outcome in court.

25% Discount on punishment

You will receive a discount of up to 25% on your punishment, resulting in a more lenient punishment and better outcome, if a plea of guilty is entered at the earliest time to this offence.

The discount continues to reduce the later in time the plea of guilty is entered. This is why it’s important to speak to an experienced lawyer early for realistic advice and guidance.

Good character references

This is a letter expressing your good character, remorse, shame and insight into your offending behaviour for the Judge to read to consider giving you a more lenient outcome, and better result.

The letters can come from family, friends, work, charity and apology letter from yourself. Our senior lawyers will guide you, and review each letter.

Negotiate to drop charges

By carefully reading, and pointing out the holes in the police evidence, the police can sometimes be convinced to drop these charges early by thorough, and tactful negotiations.

For best chances at success, it’s highly advisable to get an experienced and respected lawyer for this. Our lawyers specialise in getting charges dropped early, and developed an exceptional reputation, with a track record of successfully getting these charges dropped countless times for over 20 years.

Negotiate facts

The Judge will read a document called the police set of facts expressing your offending behaviour which you plead guilty to. It is often drafted by police, is inaccurate and one sided, making you sound as worse as possible. This will likely result in a heavier punishment from the Judge.

For this reason, our senior lawyers often change the set of facts, through intense negotiations, to ensure it reflects something more favourable to you. This usually results in a much more lenient outcome with a better result.

Psychologist reports

Getting a well drafted report from a highly respected and leading psychologist or psychiatrist for the Judge to read can drastically improve your court outcome, giving a much more lenient punishment.

To maximise your chances of this happening, the report should comment on your state of mind, shame, remorse, insight, and any child sexual abuse done to you as a child. Our lawyers will carefully hand pick the best suited expert for your case.

Maximum penalty

The maximum punishment for an offence of attempting, or assaulting with intent to have sexual intercourse with a child under 10 is a term of imprisonment of up to 25 years.

It’s important to know that the Judges only reserve the maximum for the most serious offenders. In fact, they rarely give out maximums.

Types of penalties

Depending on the preparation, and the way your case is presented to the Judge, the Judge can give you any one of the following types of punishment:

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

For a guarantee to maximise your chances at getting the best possible outcome to your case, speak to one of our team of experienced criminal defence lawyers, who hold a track record of successfully achieving exceptional results for many years. Our team are highly respected leaders specialising in child sex cases for over 20 years.

FEATURED ON:

  What Our Clients Say

Tayla Regan represented me and got me the perfect result against all odds. The way she handled the entire process and had me in the loop with her way of… (read full review) By M.M. on 15/10/2018
I am stunned by the result. I have been to four lawyers before met with Jimmy and Tayla. Very caring listening experience understanding lawyer and my result with this Criminal… (read full review) By A.E. on 18/10/2018
Tayla Regan was the best lawyer we could have asked for. She handled our case with an amazing attitude and worked tirelessly until she acheived the result we wanted. Was… (read full review) By D.P. on 10/10/2018
Living in WA I needed to find a Law firm and Lawyer to represent me in a Vexatious application in NSW. They couldn't act for me till I had transferred… (read full review) By B.B. on 25/09/2018
Tayla Regan helped me dramatically to achieve a section 10. She helped me gather all of the required material I needed for my case and also gathered a lot of… (read full review) By K.J. on 23/09/2018

Free Conference Booking Form

Follow Us