Sexual Intercourse With Child Between Age 16 And 18 In Special Care – s 73 Crimes Act
Facing an offence of sexual intercourse with child between 16 and 18 in special care is taken very seriously by Courts. Our criminal defence lawyers are leaders in child sex cases with over 20 year experience in securing not guilty verdicts in court, and convincing police to drop these charges early countless times. Speak to them (https://www.criminaldefencelawyers.com.au/contact-us/) early for realistic and practical advice.
Your Options in Court
PLEADING NOT GUILTY
You can only be found guilty of sexual intercourse with child between 16 and 18 in special care if police can prove the following elements of the offence beyond reasonable doubt in court:
- You had, or tried to have, sexual intercourse with the victim; and
- The victim was under your ‘special care’; and
- The victim was aged either:
- 16 or more, but under 17 years; or
- 17 or more, but under 18 years
You will be found not guilty if police are unable to prove any one of the above elements.
Consent from the victim is no defence under the law to this offence.
The victim will be under your ‘special care’ if you are the victim’s:
- Step or foster parent, or guardian; or
- School teacher; or
- Custodial officer of the victim; or
- Health professional; or
- You have a personal relationship with the victim in a religious, musical or sporting context.
Defences to this charge
You will be Not Guilty if:
- The alleged victim was not under your ‘special care’ i.e.you were the male partner in a de facto relationship wth the alleged victim’s mother.
- You were married to the alleged victim at the time of the alleged offence.
- There was no sexual intercourse, nor any attempt of this. i.e. There was no penetration of any part of your body or object into the victims vagina, anus, mouth. Nor was there any attempts made to do this.
- Mistaken identity: Where you are wrongly accused of being the perpetrator.
- Word against word: Generally, it is extremely difficult for police to prove the accusations, beyond reasonable doubt, where it’s simply the alleged victim’s words against your words, in the absence of any further evidence from police. Our senior lawyers will carefully look into the police evidence, and then point the inconsistencies out before then using this to negotiate with police to drop the charges early.
- The alleged victim was aged 18 years or more at the time.
You will be found not guilty, and you charge dismissed, if any one of the above defences to this charge apply to your case.
Our senior lawyers specialise in child sex cases, with a track record of successfully proving their clients innocence, and convincing police to drop these charges early countless times for over 20 years. Speak to them on realistic advice on your best defence, and how to strengthen it early for the best chances at success.
If pleading guilty to a child sex offence, speak to an experienced specialist lawyer first. See the below critical points and information on how to best prepare and present your case. These points will help you maximise your chances at getting the best possible outcome in court.
25% Discount on punishment
Pleading guilty at the earliest time to an offence of sexual inter rouse with child in special care will give you a discount of up to 25% off your punishment. This will mean a lighter outcome and better result in court.
This discounts begins the reduce the later the plea of guilty is entered in court. This is why it’s important to get realistic and practical advice early from an experienced lawyer.
Good character references
These are letters read by the Judge expressing your good character, remorse, contrition, insight and shame. It allows the Judge to give you a more lenient outcome, giving you a better result.
These letters can come from family, friends, charity, work, and even a letter of apology from you. Each should comment on the main points explained earlier. Our senior lawyers will review each one, and guide you at each stage.
Negotiate to drop charges
Getting an experienced lawyer to carefully analyse the evidence, point out all the holes in it, and strategically approach police to negotiate, your chances to get the charges dropped early will drastically improve.
Our team of senior lawyers have a proven record of successfully convincing police to drop these charges countless times for years. They have built a reputation for being specialists in getting charges dropped early.
The police set of facts is a document expressing your offending behaviour which you plead guilty to. It is often drafted by police, and one sided, attracting a heavier, unfair punishment. This is why it’s critical to negotiate with police to change this to something more accurate, more favourable to you, reflecting you in a much better light. This will result in a much lighter outcome and better result in court.
Our team of lawyers usually change these set of facts, resulting in better outcomes, by having a deep understanding of the evidence and its problems to point out to police.
Getting the Judge to read a powerful court report from an experienced and respected psychologist or psychiatrist can drastically improve your court result with a lighter punishment.
To maximise your chances at this, the report should comment on your state of mind at the time, remorse, shame, insight and any history of child abuse done to you earlier in life. Our senior lawyers will hand pick the best suited expert to your case.
Where the victim was 16 or more years of age, but less than 17 years, the maximum punishment is a term of imprisonment of up to 8 years.
There the victim was 17 or more years of age, but less than 18 years, the maximum punishment is a term of imprisonment of up to 4 years.
It’s critical to know that the courts rarely give those maximum punishments out, and only give it to rare cases involving the most serious offenders.
Types of penalties
The Judge will give you any one of the following kinds of punishment. Your outcome will depend on the above points in preparing and presenting your case:
- Section 10 Dismissal (https://www.criminaldefencelawyers.com.au/criminal-law/section-10-dismissal/)
- Conditional Release Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/conditional-release-order/)
- Fine (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/fine/)
- Community Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/community-correction-order/)
- Intensive Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/intensive-correction-order/)
- Full Time Imprisonment (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/full-time-imprisonment/)
Call now to speak to one of our experienced criminal defence lawyers for realistic and practical advice and expert guidance. Our team of senior lawyers are leading specialists in child sexual offence cases, with a proven track record of exceptional results for over 20 years.