Allegations of sexual offences are among the most serious criminal charges in Australia. They carry severe penalties, long-term reputational damage, potential registration requirements, and complex court proceedings.
At ADADA Legal, we provide strategic, discreet and experienced criminal defence representation for clients charged with sexual offences across New South Wales. Our team understands the evolving nature of consent laws and the serious consequences that can follow even an allegation.
Sexual offences in NSW are primarily governed by the Crimes Act 1900 (NSW), with some offences also arising under Commonwealth legislation.
Below is a comprehensive overview of the main sexual offences under NSW law.
Sexual assault involves sexual intercourse with another person without consent and where the accused knows there is no consent or is reckless as to consent.
Maximum penalty: 14 years imprisonment.
Sexual intercourse includes penetration (even slight) and can include non-traditional forms of penetration under the legislation.
This occurs when sexual assault is committed in circumstances of aggravation, including:
Use or threat of violence
Victim under 16 years
Victim with cognitive impairment
Multiple offenders
Deprivation of liberty
Maximum penalty: 20 years imprisonment.
Sexual touching occurs when a person intentionally touches another person sexually without consent.
Touching can be direct or through clothing.
Maximum penalty: 5 years imprisonment.
Sexual touching committed with aggravating factors (violence, authority, vulnerability, multiple offenders).
Maximum penalty: 7 years imprisonment.
This offence captures sexual behaviour that does not involve physical touching but is sexual in nature and done without consent (e.g., forced sexual acts in the presence of another person).
Maximum penalty: 18 months imprisonment (higher if aggravated).
NSW law imposes especially severe penalties for offences involving children.
Applies where the complainant is under 16 years of age.
Penalties vary depending on age:
Under 10 years – up to 25 years imprisonment
Under 14 years – up to 16 years imprisonment
14–15 years – up to 10 years imprisonment
Consent is not a defence where the child is below the age of consent.
Sexual touching involving a child under 16.Penalties increase if the child is under 10 or if aggravating factors exist.
Communicating with a child (or a person believed to be a child) with the intention of facilitating a sexual offence.
This includes online grooming.
Maximum penalty: 12 years imprisonment.
Where an adult commits multiple sexual offences against the same child over time.
Maximum penalty: 25 years imprisonment.
Includes:
Possessing child abuse material
Producing child abuse material
Disseminating child abuse material
These offences can also fall under the Criminal Code Act 1995 (Cth) if carriage services (internet, phone) are used.
Penalties can range up to 15 years imprisonment depending on the offence.
Forcing a person to sexually penetrate themselves without consent.
Sexual intercourse with a close family member.
Maximum penalty: 8 years imprisonment (higher if under 16).
Sexual acts involving animals.
Includes sexual intercourse or touching where the accused is in a special care relationship, such as:
Teacher and student
Health professional and patient
Custodial officer and detainee
Although replaced by modern provisions, some historical allegations are prosecuted under older sections of the law.
Consent must be:
Freely and voluntarily given
Communicated through words or conduct
Ongoing and capable of being withdrawn
A person does not consent if they are:
Substantially intoxicated
Asleep or unconscious
Coerced, threatened, or intimidated
Unable to understand the nature of the act
A person does not consent if they are:
Sexual offences can result in:
Full-time imprisonment
Intensive Correction Orders
Community Correction Orders
Extended supervision orders
Registration on the Child Protection Register
Significant reputational and employment consequences
Many serious offences are heard in the District Court before a jury.
At ADADA Legal, we:
Examine inconsistencies in evidence
Analyse consent communications
Review digital communications and forensic evidence
Challenge improperly obtained evidence
Engage expert witnesses where appropriate
Defences may include:
Consent
Honest and reasonable belief in consent
Factual dispute
Identification issues
Procedural errors
Early legal advice is critical.
The age of consent is generally 16 years. However, special rules apply to positions of authority and special care relationships.
Not always. Some matters resolve by negotiation or plea, while serious indictable offences typically proceed to jury trial.
Yes. There is no limitation period for serious sexual offences in NSW.
Penalties vary widely, from good behaviour bonds to lengthy imprisonment. Serious offences often attract custodial sentences.
Certain child-related sexual offences require mandatory registration under child protection legislation.
You have the right to remain silent. Seek immediate legal advice before participating in any police interview.
Sexual offence charges are complex and life-altering. If you are under investigation or have been charged, contact ADADA Legal immediately for confidential, strategic legal advice.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
