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Criminal Law » Sexual Offences » Attempt Sexual Intercourse with Child under 10 years

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Attempt Sexual Intercourse with Child under 10 years

Attempted sexual intercourse with a child under the age of 10 is an offence under section 66B of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 25 years.

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What the prosecution must prove

To prove this offence, the prosecution must show beyond reasonable doubt that:

  • A person attempted to have sexual intercourse with a child under 10 years of age; or
  • A person assaulted a child under 10 years of ago with intent to have sexual intercourse.

What is “sexual intercourse”?

Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.

What is an “assault”?

An assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence. It is not necessary that the complainant be physically touched.

Defences

You may have a defence if:

  • You did not attempt to have sexual intercourse with a child under 10
  • You did not have an intention to have sexual intercourse with a child under 10

The consent of the child is not a defence to this charge.

Will I go to jail?

Attempting, or assaulting with intent, to have sexual intercourse with a child under 10 years of age is a very serious criminal offence that would almost always result in a full-time custodial sentence.