Sexual Offences. |
Sexual allegations, particularly rape and indecent treatment to children, can be devastating to your reputation, career and family. Every situation is different and you will need advice specific to your circumstances.
If you are being investigated or have been charged, speak to our sexual offences lawyers in Brisbane today for a confidential discussion without judgement. |
RAPE - SEX WITHOUT CONSENT:Possible defences may arise where there was an honest & reasonable belief that consent given. |
Rape is broadly defined as a person having sex with someone who does not consent, or is not able to give consent.
It is up to the prosecution to prove beyond reasonable doubt that the person did not consent to having sex, and the accused person's identity. Possible defences may arise where there was an honest & reasonable belief that consent given. Every case is unique and you will need an experienced lawyer. In Queensland, the crime of rape is punishable by a maximum of life imprisonment. The related charges of 'attempt to rape', or 'assault with the intent to rape' are punishable by up to 14 years imprisonment. |
SEXUAL ASSAULT:May also include unwanted sexualised speech or threats of sexual contact. |
Sexual assault is non-consensual indecent touching, such as in a sexual way, or for sexual gratification. Sexual Assaults may also include unwanted sexualised speech or threats of sexual contact, and encouraging or coercing others perform or watch an indent act.
Sexual assault is a crime that carries a maximum penalty of 10 years imprisonment. AGGRAVATED SEXUAL ASSAULT:Some types of sexual assault acts or circumstances may give rise to more a serious category of offending or "aggravation" to the charges. Some of these acts include forced oral sex, or penetrating the other person, or being armed with a weapon, or being in company with others.
Where the sexual assault is aggravated, the penalty increases to 14 years imprisonment. |
CHILD SEX OFFENCES:A sentence of actual imprisonment must be imposed unless there are exceptional circumstances. |
INDECENT TREATMENT OF A CHILD UNDER 16:Indecent treatment of a child is a serious crime and offenders are liable to imprisonment with actual time in custody, even for first offences.
Indecent treatment typically involves an adult engaging in overtly sexual acts with, or in the presence of a child. This may include non-penetrative touching, showing genitals or porn materials to the child. The charges are aggravated depending on the age of the child, or if the child is a lineal descendant (child, grand-child, niece/nephew, etc) or under the care of the alleged offender. Other related sex offences against a child include:
CHILD EXPLOITATION MATERIAL (CEM):The three CEM offences include
(1) Making, (2) Distributing, and (3) Possessing CEM is material likely to cause offence to a reasonable adult, describes or depicts a person who is, or appears to be, under 16 years old:
“Material” isn't just video or photographs, but includes cartoons, drawings, comics, words, stories. |
WHAT SHOULD I DO NOW?The job of Police is to collect evidence against you, not to "just clear things up". You should talk to a lawyer first. |
IF I AM ARRESTED?If you have been arrested, you may be asked to give an interview to tell your side of the story. You should speak to a lawyer first and do not talk about the allegations without your lawyer present.
You should not make any statement or comments, even "off the record" or in general conversation with police. The job of police is to collect evidence against you, not to "just clear things up". IF THE COMPLAINANT CALLS ME?Police often use a tactic called a "pretext call". This is where they ask the complainant or other person to speak with you about the alleged offending or incident.
This conversation is usually recorded and supervised by police for use as evidence later. If you have been called by a complainant wanting to talk about an incident, you need to speak to a lawyer. |
SEXUAL OFFENCE PENALTIES: |
This section provides general information about the penalties for many, but not all sexual offences in Queensland. You should contact our sexual assault lawyers in Brisbane for a free consultation specific to your situation.
The following information is summarised from the Queensland Criminal Code and other legal materials current at the time of writing and may be incomplete. It is general in nature and not intended to be taken as individual advice. Information is being added to over time. |
Rape - s.349
(1) Any person who rapes another person is guilty of a crime.
Maximum Sentence: Life Imprisonment
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
Maximum Sentence: Life Imprisonment
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
Attempt to Commit Rape - s.350
(1) Any person who attempts to commit the crime of rape.
Maximum Sentence: 14 years imprisonment.
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
Maximum Sentence: 14 years imprisonment.
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
ASSAULT WITH INTENT TO COMMIT RAPE - S.351
(1) Any person who assaults another with intent to commit rape
Maximum Sentence: 14 years imprisonment
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
Maximum Sentence: 14 years imprisonment
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
SEXUAL ASSAULTS (SIMPLICITOR) - S.352 (1)
(1) Any person who indecently assaults another person; or procures another person to commit or to witness an act of gross indecency
Maximum Sentence: 10 years imprisonment.
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
Maximum Sentence: 10 years imprisonment.
Court: Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
SEXUAL ASSAULTS (AGGRAVATED) - S.352 (2) AND (3)
(1) Any person who indecently assaults another person; or procures another person to commit or to witness an act of gross indecency
Maximum Sentence:
(2) Sexual Assault, Involving contact between mouth and genitals or anus - 14 years imprisonment.
(3) Sexual Assault, Whilst armed, or in company, or involving penetration - Life imprisonment.
Court: Must be dealt with in the District Court.
Maximum Sentence:
(2) Sexual Assault, Involving contact between mouth and genitals or anus - 14 years imprisonment.
(3) Sexual Assault, Whilst armed, or in company, or involving penetration - Life imprisonment.
Court: Must be dealt with in the District Court.
PENILE INTERCOURSE WITH CHILD UNDER 16 (CARNAL KNOWLEDGE) - S.215
(1) Any person who engages or attempts to engage in unlawful penile intercourse with a child under the age of 16 years
Maximum Sentence:
(2) Child is 12 years or above - 14 years imprisonment.
(3) Child is under the age of 12 - Life imprisonment (or 14 years imprisonment for attempt).
(4) Child is not related by under care of the accused - Life imprisonment (or 14 years imprisonment for attempt).
(4A) Child has an impairment of the mind - Life Imprisonment
Court:
(2) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(4) Must be dealt with in the District Court.
(4A) Must be dealt with in the District Court.
Maximum Sentence:
(2) Child is 12 years or above - 14 years imprisonment.
(3) Child is under the age of 12 - Life imprisonment (or 14 years imprisonment for attempt).
(4) Child is not related by under care of the accused - Life imprisonment (or 14 years imprisonment for attempt).
(4A) Child has an impairment of the mind - Life Imprisonment
Court:
(2) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(4) Must be dealt with in the District Court.
(4A) Must be dealt with in the District Court.
INDECENT TREATMENT OF A CHILD UNDER 16 - S.210
(1) Any person who:
(a) indecently deals with a child under the age of 16 years; or
(b) procures a child under the age of 16 years to commit an indecent act; or
(c) permits self to be indecently dealt with by a child under the age of 16 years; or
(d) exposes a child under the age of 16 years to an indecent act by the offender or any other person; or
(e) exposes a child under the age of 16 years to any indecent object, (i.e. video, audio, picture or written matter, etc); or
(f) takes any indecent photograph or recording of a child under the age of 16 years;
Maximum Sentence:
(2) Child is 12 years or above - 14 years imprisonment.
(3) Child is under the age of 12 - 20 years imprisonment.
(4) Child is lineal descendant or under care of the accused - 20 years imprisonment.
Court:
(2) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(4) Must be dealt with in the District Court.
(a) indecently deals with a child under the age of 16 years; or
(b) procures a child under the age of 16 years to commit an indecent act; or
(c) permits self to be indecently dealt with by a child under the age of 16 years; or
(d) exposes a child under the age of 16 years to an indecent act by the offender or any other person; or
(e) exposes a child under the age of 16 years to any indecent object, (i.e. video, audio, picture or written matter, etc); or
(f) takes any indecent photograph or recording of a child under the age of 16 years;
Maximum Sentence:
(2) Child is 12 years or above - 14 years imprisonment.
(3) Child is under the age of 12 - 20 years imprisonment.
(4) Child is lineal descendant or under care of the accused - 20 years imprisonment.
Court:
(2) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(4) Must be dealt with in the District Court.
ABUSE OF PERSON WITH IMPAIRMENT OF MIND - S.216 (1)
(1) Any person who engages or attempts to engage in unlawful penile intercourse with a person with an impairment of the mind.
(2) Any person who:
(a) indecently deals with a person with an impairment of the mind; or
(b) procures a person with an impairment of the mind to commit an indecent act; or
(c) permits self to be indecently dealt with by a person with an impairment of the mind; or
(d) exposes a person with an impairment of the mind to an indecent act by the offender or any other person; or
(e) exposes a person with an impairment of the mind to any indecent object, (i.e. video, audio, picture or written matter, etc); or
(f) takes any indecent photograph or recording of a person with an impairment of the mind;
Maximum Sentence:
(1) Intercourse - 14 years imprisonment.
(2) Other indecent acts - 14 years imprisonment.
(3) Offender is a guardian or carer has or attempts intercourse - Life imprisonment.
(3A) Victim is lineal descendant or under care of the accused - 14 years imprisonment.
Court:
(1) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(2) Must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(3A) Must be dealt with in the District Court.
(2) Any person who:
(a) indecently deals with a person with an impairment of the mind; or
(b) procures a person with an impairment of the mind to commit an indecent act; or
(c) permits self to be indecently dealt with by a person with an impairment of the mind; or
(d) exposes a person with an impairment of the mind to an indecent act by the offender or any other person; or
(e) exposes a person with an impairment of the mind to any indecent object, (i.e. video, audio, picture or written matter, etc); or
(f) takes any indecent photograph or recording of a person with an impairment of the mind;
Maximum Sentence:
(1) Intercourse - 14 years imprisonment.
(2) Other indecent acts - 14 years imprisonment.
(3) Offender is a guardian or carer has or attempts intercourse - Life imprisonment.
(3A) Victim is lineal descendant or under care of the accused - 14 years imprisonment.
Court:
(1) Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(2) Must be dealt with in the District Court.
(3) Must be dealt with in the District Court.
(3A) Must be dealt with in the District Court.
INCEST - S.222
(1) Any person who engages in penile intercourse with the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and knows that the other person bears that relationship, or some relationship of that type;
(3) It does not matter if the act was with consent of the other party.
(5) The lineal relationship of sibling or parent includes the type that is half. adoptive or step relationship (including by de facto, foster or other).
Maximum Sentence:
(1) Actual Incest - Life imprisonment.
(2) Attempt Incest - 10 years imprisonment.
Court:
Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
(3) It does not matter if the act was with consent of the other party.
(5) The lineal relationship of sibling or parent includes the type that is half. adoptive or step relationship (including by de facto, foster or other).
Maximum Sentence:
(1) Actual Incest - Life imprisonment.
(2) Attempt Incest - 10 years imprisonment.
Court:
Magistrates Court on plea of guilty if complainant is over 14 years, otherwise must be dealt with in the District Court.
MAKING CHILD EXPLOITATION MATERIAL - S.228B
(1) A person who makes (produces or attempts to produce) child exploitation material commits a crime.
Maximum Sentence:
(a) Simplicitor - 20 years imprisonment.
(b) Offender uses hidden network of anonymising service - 25 years
Court:
(a) Must be dealt with in the District Court
(b) Must be dealt with in the Supreme Court
Maximum Sentence:
(a) Simplicitor - 20 years imprisonment.
(b) Offender uses hidden network of anonymising service - 25 years
Court:
(a) Must be dealt with in the District Court
(b) Must be dealt with in the Supreme Court
DISTRIBUTING CHILD EXPLOITATION MATERIAL - S.228C
(1) A person who distributes child exploitation material commits a crime.
Maximum Sentence:
(a) Simplicitor - 14 years imprisonment.
(b) Offender uses hidden network of anonymising service - 20 years
Court:
Must be dealt with in the District Court
Maximum Sentence:
(a) Simplicitor - 14 years imprisonment.
(b) Offender uses hidden network of anonymising service - 20 years
Court:
Must be dealt with in the District Court
POSSESSING CHILD EXPLOITATION MATERIAL - S.228D
(1) A person who knowingly possesses child exploitation material commits a crime.
Maximum Sentence:
(a) Simplicitor - 14 years imprisonment.
(b) Offender uses hidden network of anonymising service - 20 years
Court:
Must be dealt with in the District Court
Maximum Sentence:
(a) Simplicitor - 14 years imprisonment.
(b) Offender uses hidden network of anonymising service - 20 years
Court:
Must be dealt with in the District Court
REPEATED SEXUAL CONTACT WITH CHILD (MAINTAINING RELATIONSHIP) - S.229B
(1) Any adult who maintains an unlawful sexual relationship with a child under the age of 16 years commits a crime.
Maximum Sentence:
Life imprisonment.
Court:
Must be dealt with in the District Court
Maximum Sentence:
Life imprisonment.
Court:
Must be dealt with in the District Court
FAILURE TO PROTECT CHILD FROM SEXUAL OFFENCE - S.229BB
(1) If an accountable person knows there is a significant risk that another adult will commit a child sexual offence in relation to a child under 16 or with an impairment of the mind; and the person has the power or responsibility to reduce or remove the risk; and the person wilfully or negligently fails to reduce or remove the risk.
(2) It does not matter that the knowledge was gained during, or in connection with, a religious confession.
Maximum Sentence:
5 years imprisonment.
Court:
Must be dealt with in the District Court
(2) It does not matter that the knowledge was gained during, or in connection with, a religious confession.
Maximum Sentence:
5 years imprisonment.
Court:
Must be dealt with in the District Court
FAILURE TO REPORT BELIEF OF A CHILD SEXUAL OFFENCE - S.229BC
(1) If an adult gains information about a sexual offence that is being or has been committed by another adult to a child under 16 years or person an impairment of the mind; and fails to disclose the information to police, the adult commits a misdemeanour.
Maximum Sentence:
3 years imprisonment.
Court:
Must be dealt with in the Magistrates Court
Maximum Sentence:
3 years imprisonment.
Court:
Must be dealt with in the Magistrates Court
