This article on sexual offences contains discussions of adult and child sexual offences. It may be upsetting or disturbing to some readers. Please proceed with caution.
Family sexual offences, committed behind the closed doors of Australian homes, are often veiled in secrecy and shame and inflict deep wounds.
According to the Australian Institute of Health and Welfare (AIHW), family, domestic, and sexual violence is a major national health and welfare issue that predominantly affects women and children. In a report from the Australian Bureau of Statistics (ABS) Personal Safety Survey (PSS) for 2021–22 show that an estimated 3.8 million Australian adults (20% of the population) reported experiencing physical and/or sexual family and domestic violence since the age of 15.
Estimates show that of all Australian adults:
- 11.3% (2.2 million) had experienced violence from a partner (current or previous cohabiting)
- 5.9% (1.1 million) had experienced violence from a boyfriend, girlfriend or date
- 7.0% (1.4 million) had experienced violence from another family member (ABS 2023b).
Types of Family Sexual Offences
A sexual offence is any crime that involves sexual intercourse or any other sexual act committed against another person without his or her affirmative consent or against his or her will. A number of circumstances in which someone is automatically considered as unable to give consent include if they:
- Are drunk
- Are under the influence of drugs
- Are asleep or unconscious
- Are unable to understand the sexual nature of what is happening and submit because of force or fear of force or harm
In Australia, this offence can take various forms, each with its own devastating impact. Moreover, these offences are sex crimes and are punishable under the Crimes Act 1900. Laws regarding sexual activity vary from one place or jurisdiction to another, and have varied over time.
According to the Australian Institute of Health and Welfare (AIHW), sexual violence within the family context encompasses several types of offences, including:
- Sexual assault
- Sexual threat
- Sexual harassment
- Child sexual abuse
- Image-based abuse
However, you must know that these offences are not limited to a single incident but often constitute a pattern of ongoing behaviour, which can include multiple tactics used to intimidate, control, and abuse someone.
Sexual Offences Under the Crimes Act 1900 NSW
Division 10 of the Crimes Act provides for the rules and penalties relating to a number sexual offences against adults and children. Here are the offences under the Act:
- Sexual assault, aggravated sexual assault, and aggravated sexual assault in company (s61J)
- Sexual touching and aggravating sexual touching (s61KC)
- Sexual act and aggravated sexual act (s61KE)
- Sexual intercourse with a child under 10 years of age (s66A)
- Attempting, or assaulting with intent, to have sexual intercourse with child under 10 (s66B)
- Sexual intercourse with a child between 10 and 16 years of age (s66C)
- Assault with intent to have sexual intercourse with a child between 10 and 16 years of age (s66D)
- Sexual touching involving a child under 10 or between 10 and 16 years of age (s66DA)
- Persistent sexual abuse of a child (s66EA)
- Procuring or grooming child under 16 for unlawful sexual activity (s66EB)
- Grooming a person for unlawful sexual activity with a child under the person’s authority (s66EC)
- Sexual intercourse or touching with young people between 16 and 18 under special care (s73)
- Incest (s78A)
- Sexual assault by forced self-manipulation (s80A)
Penalties of Family Sexual Offences
| Crime | Criminal Act | Maximum Penalty |
| Sexual assault (61I) | A person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse | Imprisonment for 14 years or 20 years (aggravated) |
| Sexual touching (61KC) | A person, without the consent of the victim and knowing such absence of consent: – Sexually touches another – Incites a person to sexually touch the accused person – Incites a third person to sexually touch the victim – Incites the victim to sexually touch a third person | Imprisonment for 5 years or 7 years (aggravated) |
| Sexual intercourse with a child under 10 years of age (66A) | Sexual intercourse with a child under 10 years of age | Imprisonment for life |
| Sexual intercourse with a child between 10 and 14 or 16 years of age (66C) | Sexual intercourse with a child: – Above 10 to 14 years of age – Above 14 to 16 years of age | Imprisonment for 16 years Imprisonment for 10 years |
| Sexual touching: child under 10 (66DA) child between 10 and 16 (66DB) | Intentional touching of a child below 10 years of age Intentional touching of a child between 10 and 16 years of age | Imprisonment for 16 years. Imprisonment for 10 years |
| Sexual act: child under 10 years of age (66DC) | Carrying out a sexual act with or towards the child or inciting the child to carry out a sexual act to another person | Imprisonment for 7 years. Imprisonment for 2 years or 5 years (if aggravated) |
| Sexual act for production of child abuse material: child under 16 (66DF) | Carrying out a sexual act with or towards the child or inciting the child to carry out such act and knowing that the act is being filmed for the purposes of the production of a child abuse material | Imprisonment for 10 years |
| Incest (78A) | Sexual intercourse with a close family member who is of or above the age of 16 years | Imprisonment for 8 years or 2 years (if attempted) |
Impact of Sexual Offences on Victims
Sexual offences can have profound emotional and psychological consequences for both the victims and their families. These consequences can manifest in various ways, affecting the well-being of the individuals, as well as their relationships, careers, and overall quality of life.
Thus, it is essential to provide mental and emotional support and resources for both the victims and their families. This can help them cope with the emotional and psychological effects of these offences. Early intervention and a holistic approach to treatment can help alleviate the pain and suffering experienced by all those affected by these crimes.
Seeking Legal Counsel for Sexual Offences within the Family
Are you or is someone you know in immediate danger of sexual abuse within the family? Are you looking for a way to report child sexual abuse? If so, it’s crucial to seek legal counsel immediately. Sexual offences within the family are a serious matter that can have devastating consequences for sexual abuse victim survivors and their loved ones.
Our lawyers at JB Solicitors are experienced with providing the legal guidance you need to navigate the criminal justice system and advocate for your rights. We can also team up with various support services that specialise in caring for sexual abuse and sexual offending cases. Contact us today.
