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Sexual abuse of a child

• If an adult maintains an unlawful sexual relationship with a child then they face life imprisonment.
• An unlawful sexual relationship is where the adult engages in or attempts to engage in a sexual act on 2 or more occasions.
• A child is under 17 years unless the adult is a guardian or another person is in a position of authority, then the Child must be over 18 years.
• For current legal information on child sexual abuse, click here.

Rape

• Is dealt with on a separate page but a single occasion with a child is aggravated.
• For current rape laws, click here.

Unlawful Sexual Intercourse

• A person under 17 years is deemed by law not to be able to consent to sexual intercourse. 15 years imprisonment applies.
• If the offender is a parent, guardian or person in authority then it becomes 18 years old for consent.
• If the child is under 14 years then the penalty if life imprisonment.
• If both the child and offender were over 16 years but under 17 years there is a defence.
• If the child was over 16 years and the offender reasonably believed they were 17years or over then a defence applies.
• If the offender is a person in authority, or guardian then provided the child is 17 years then a defence may apply if the offender was also 17 years, or if older, reasonably believed the child was 18 years or older.
• For laws on unlawful sexual intercourse, click here

Procuring a child to commit an Indecent Act

• A person who incites or procures an indecent Act by a child or
• Causes or procures a child to expose any part of his or her body or
• Makes a photographic or other electronic image or a child engaged in a private act commits an offence.
• In the above example, 12 years imprisonment applies.
• If a person procures a child or makes a communication with the intention of making that child amenable to sexual activity then 12 years applies for a basic offence.
• Again a child is 17 years unless offender is a parent, guardian or in a position of trust and then 18 years.
• For laws on procuring a child for indecent acts, click here

Sexual exploitation of a person with a cognitive impairment

• Whilst not specifically relating to children a person must not when providing a service to a person with a cognitive impairment procure by undue influence sexual intercourse or contact.
• For laws on sexual exploitation of cognitively impaired individuals, click here.

Possession of Child Pornography

• This is dealt with elsewhere on a separate page but separate offences include production and dissemination and Commonwealth Offences where a carriage service is used.
• For aws on Possession of child Pornography, click here.

Child Sex offences Registration Act 2006

• Any offender charged with a sexual offence involving a child is liable to be placed on the Child Sex Offender’s Register. The reporting conditions may remain for 8 years, 15 years or life. However, once the onerous reporting conditions cease the registration itself continues to exist. There are obligations for life which follow. There is always going to be cases where the Legislation acts unfairly by capturing those it probably was not intended for.
• In addition, once convicted a person is never allowed to be able to move on with their life without certain legal obligations. This does not occur in any other area of law (except murder) and can lead to unfairness. For instance, a 20 year old boy who has intercourse with a 16 year old girl would be on the register for life and even after reporting conditions ceased, would be subject to certain obligations under the Child Sex Offender’s Registration Act 2006 which could require disclosure to neighbours (provided circumstances were met) of the past offending.
• We at Woods Law have agitated some of the unfair consequences with the Attorney General and we do not apologise for doing so. In addition, we have been one of the first law firms in South Australia to take proceedings in the Supreme Court in respect of life long reporting obligations.
• In December 2017 further important Commonwealth provisions were enacted which impact upon overseas travel. Once again we have been at the forefront in challenging those decisions in the Supreme Court of South Australia at the earliest opportunity.

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