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Criminal Law » Sexual Offences » Sexual Intercourse with Child aged 10-14 years

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Sexual Intercourse with Child aged 10-14 years

Sexual intercourse with a child aged between 10 to 14 years is an offence under section 66C(1) Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 16 years.

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What the prosecution must prove

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

  • A person has sexual intercourse with a child,
  • The child is aged 10 years or older or under the age of 14 years.

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.

Defences

You may have a defence if:

  • You did not have sexual intercourse with the child.

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

Will I go to jail?

The maximum sentence is imprisonment for 16 years. A full-time custodial sentence would be expected upon conviction.