Criminal Defence Lawyers for Sexual Intercourse with Child between 10 and 16 Offences

Sexual Intercourse With Child Between 10 And 16 – s 66C Crimes Act

Facing an offence of sexual intercourse with child is extremely stressful for you and your loved ones. The courts treat these allegations seriously that can result in serious outcomes. Our criminal defence lawyers specialise in child sexual cases, with over 20 years experience in specialising in getting these charges dropped early, and fighting hard to prove their clients innocence in court. Speak to our experienced team now for realistic and practical advice.

Your Options in Court

  • PLEADING NOT GUILTY

    You can only be found guilty to sexual intercourse with child between 10 and 16 if police can prove each of the following elements of the offence in court, beyond reasonable doubt:

    If charged with s66C (1) or (3) child between 10 – 16 years:

    • You had sexual intercourse with the victim; and
    • The victim at the time was aged either:
      • 10 or more, but less than 14 years; or
      • 14 or more, but less than 16 years; or

    You will be found not guilty, and the charge dismissed if any one of the above 2 elements are not proven by police. You will still be guilty under the law even if the victim consents.

    If charged with s66C (2) or (4) child between 10 -16 years in circumstances of aggravation:

    • You had sexual intercourse with the victim, and the victim is aged 10 or more, but less than 14 years at the time; and
    • One of the following circumstances of aggravation apply to you:
    • You either intended to, or realised the possibility of harm occurring but went ahead anyway, causing actual bodily harm on the victim, or a person nearby at the time; or
    • You threatened to cause actual bodily harm by means of an offensive weapon; or
    • At the time, you were in the company of another person; or
    • The victim was under your authority at the time i.e. teacher student, child carer or babysitter, priest etc; or
    • The victim has a serious physical injury or cognitive impairment at the time; or
    • The victim was intoxicated with alcohol or drugs at the time, and you took advantage of that; or
    • You deprived the victim from his/her Liberty for a period before or after committing the offence; or
    • You broke into the victims home with the intention of committing the offence.

    Defences to this charge

    You will be Not Guilty if:

    • Honest mistake: Where you honestly believed the victim was at least aged 16 years at the time, and it was reasonable to have held that belief in the circumstances. This only applies for the offence of s66C(3).
    • Mistaken identity: Where the alleged victim has mistaken you as the perpetrator.
    • Word against word: a lot of the time, these allegations involve the alleged victims words, against your words in court. Where there is no other evidence (i.e. Police witnesses or complaint evidence), the prosecution have an extremely difficult task of proving the allegations beyond reasonable doubt. The court is generally not satisfied, and you will be found not guilty.
    • The victim was actually at least 16 years of age at the time.
    • Your conduct was for a legitimate medical purpose.
    • There was no sexual intercourse. i.e. There was no penetration of any part of your body or object into the victims vagina, anus, mouth

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

    Our highly respected leading senior lawyers specialise in child sexual cases. They hold over 20 years experience in successfully proving their clients innocence against false accusations, and convincing police to drop these charges early countless times. Speak to them on your best defence, and how to strengthen it early to maximise your chances at the best possible outcome.

  • PLEADING GUILTY

    If pleading guilty to an offence of sexual intercourse with child, it’s critical to first speak to an experienced expert senior lawyer to secure yourself the best chances at the best possible outcome. See the following points on how to best prepare and present your case.

    25% Discount on punishment

    You will receive a better result, with a lighter punishment, by receiving a 25% discount on punishment if you plead guilty at the earliest possible time in your case. The later you plead guilty to an offence of sexual intercourse with child, the smaller that discount gets.

    This is why it’s important to get advice from an experienced expert lawyer as early as possible.

    Good character references

    These are letters you gather for the Judge to read to allow the Judge to give you leniency with a better outcome. These should come from you, your family, friends, charity, and even work. Each letter should express your good character, remorse, contrition, insight and shame for best results.

    Our lawyers will review each letter, and guide you though the process.

    Negotiate to drop charges

    Our senior lawyers specialise in getting child sex charges dropped early. They have achieved an outstanding track record of successfully achieving this countless times for over 20 years.

    For best chances at achieving this early, an experienced lawyer should carefully analyse the police evidence, pick out all the holes in it before tactfully approaching police when negotiating. Each approach may be different depending on the case.

    Negotiate facts

    After pleading guilty, the police set of facts is initially drafted by police, expressing your offending behaviour in detail. This is read by the Judge who will then decide your punishment. This document can often be one sided, inaccurate and unfair, causing you a heavier punishment.

    Our senior lawyers almost always change these facts to something more favourable, accurate and fairer for their clients. This normally then results in a much better, lighter outcome. It’s often achieved through intense negotiations from a thorough understanding of all the holes in the police evidence.

    Psychologist reports

    Using a powerful psychologist or psychiatrist report for the Judge to read can dramatically improve your court result, giving you a much more lenient punishment. To achieve this, it’s important to ensure the report comes from a respected and experienced expert, and comments on your state of mind, remorse, insight, shame, and your history.

    Our lawyers will hand select the best suited, most respected and experienced psychologist or psychiatrist to your case.

    Maximum punishment

    The maximum punishments for the following offences of child sexual intercourse are as follows according to the child’s age:

    Child between 10-14 years: Up to 16 years imprisonment if dealt with in the District Court, and up to 2 years if dealt with in the Local Court. If circumstances of aggravation apply, then the maximum punishment is up to 20 years imprisonment.

    Child between 14-16 years: Up to 10 year imprisonment if dealt with in the District Court, and up to 2 years if dealt with in the Local Court. If circumstances of aggravation apply, then the maximum punishment is up to 12 years imprisonment.

    Types of punishment

    The Judge will give you any one of the following kinds of punishment, depending on the above points in your preparation and presentation:

    1. Section 10 non conviction
    2. Fine
    3. Section 9 good behaviour bond
    4. Community Service Order
    5. Section 12 suspended sentence
    6. Intensive Corrections Order
    7. Home Detention
    8. Full Time Imprisonment

    For realistic and practical advice on maximising your chances at getting the best possible outcome in your case, speak to one of leading expert our criminal defence lawyers who specialise in child sexual intercourse cases. They will thoroughly prepare and powerfully present your case with a focus on first getting your charges dropped or downgraded early.

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