Content warning: This article may contain information and words that may be unsettling for some readers especially people who experienced sexual abuse. We at JB Solicitors only intend to discuss laws about sexual abuse and how we can help with such cases. If you suspect that you or someone you know may be a victim of sexual abuse, please reach out to your local police.
What is persistent sexual abuse on children? Persistent sexual abuse refers to sexual assault or abuse that happens more than once. It can be against someone of any age, but it’s especially serious when the victim is a child. The abuse can be physical acts, threats, or emotional manipulation to force someone into sexual activity. It can also happen over a long period, even years.
Read on to learn more about laws on persistent sexual abuse on children.
Read: Child Abuse Lawyer: What Do They Do? | JB Solicitors
Risk Factors of Child Sexual Abuse
- Gender: While girls are statistically more likely to experience sexual abuse, it’s important to remember that boys are also vulnerable. This emphasis shouldn’t discourage reporting of abuse in boys.
- Sexuality: Children with diverse sexual orientations, including LGBTQ+, may face a higher risk due to societal stigma and potential targeting by predators.
- Age and Development: As children mature, they may become more accessible to perpetrators or engage in risky behaviours unknowingly. However, persistent sexual abuse on children can occur at any age.
- Past Maltreatment: Children who have experienced prior abuse, physical or emotional, may be more susceptible due to a sense of vulnerability and a lack of trust in adults.
- Family Characteristics: Unstable living situations with frequent moves or family violence (FDV) can create chaos and disrupt protective environments for children.
- Parental Characteristics: Limited parental education, unemployment, substance abuse, or mental health issues can hinder a parent’s ability to supervise and protect their child.
What Are Some Protective Factors?
- Supportive Adults: Having trusted adults, like teachers, counsellors, or extended family members, whom children can confide in is crucial. These adults can provide emotional support and intervene if needed.
- Supportive Peers: Strong friendships and positive peer relationships can foster self-esteem and a sense of belonging, making children less susceptible to manipulation by predators.
- Understanding Boundaries: Education on appropriate and inappropriate sexual behaviour empowers children to recognise potential sexual abuse and persistent sexual abuse on children and develop skills to say “No”.
- Assertiveness: The ability to express themselves verbally or physically to reject unwanted advances is critical for protecting themselves.
- Community Connections: Strong bonds within a community or cultural group can provide a network of support and vigilance, making it harder for predators to operate unnoticed.
Section 66EA: Persistent Sexual Abuse of a Child
Section 66EA of persistent sexual abuse on children protects children from adults who have sex with them multiple times.
An adult engaging in sexual activity with a child on two or more occasions can face severe legal consequences. This applies irrespective of whether these acts occurred sporadically over an extended period or in diverse locations. Prior charges for individual sex acts do not exempt an individual from prosecution, provided the relationship involved multiple instances.
Conviction hinges on establishing a pattern of repeated sexual engagement, rather than delving into the specifics of each occurrence. Furthermore, this legislation applies retroactively to relationships initiated before its enactment, and it prohibits dual punishment. Simultaneous charges for this offence and specific sex acts arising from the same incidents are precluded. Additional legal intricacies
There are some additional legal details about who can bring charges and what the terms mean. These are:
- “Adult” means 18 or older.
- “Child” means under 16.
- “Unlawful sexual act” includes various sex crimes listed elsewhere in the law.
Section 66EB: Procuring or Grooming Child Under 16 for Unlawful Sexual Activity
Section 66EB of persistent sexual abuse on children laws outlines procuring or grooming a child for unlaw sexual activity. “Procuring” involves obtaining or persuading the child to participate in such activities, while “grooming” typically involves the process of preparing or conditioning the child for sexual exploitation, often through manipulative or deceptive means.
The term encompasses actions aimed at facilitating sexual activity with minors that violate legal statutes and regulations. Here are some important definitions in this section:
1. “Adult person” refers to an individual aged 18 years or older.
2. “Child” is defined as a person under the age of 16 years.
3. “Conduct” includes:
- Direct communication, whether in person, via telephone, internet, or other mediums,
- Distribution of digital content such as images, videos, or publications.
4. “Unlawful sexual activity” encompasses actions classified as offences under this Division or Division 10A, 15, or 15A (or, if occurring outside this State, would constitute such an offence within this State).
Procurement of Minors
An adult person who intentionally procures a child for unlawful sexual activity, whether with that child or another person, is guilty of an offence. The maximum penalty includes:
- For a child under 14 years of age: Imprisonment for 15 years,
- For any other case: Imprisonment for 12 years.
Meeting a Child After Grooming
An adult person who intentionally meets or travels to meet a child previously groomed for sexual purposes, with the intent to procure the child for unlawful sexual activity, commits an offence. The maximum penalty includes:
- For a child under 14 years of age: Imprisonment for 15 years,
- For any other case: Imprisonment for 12 years.
“Groomed for Sexual Purposes” signifies an adult’s engagement in conduct exposing a child to indecent material on one or more previous occasions.
Grooming of Minors
An adult person who engages in conduct exposing a child to indecent material, providing intoxicating substances or other benefits, with the intent to facilitate the child’s procurement for unlawful sexual activity, commits an offence. The maximum penalty includes:
- For a child under 14 years of age: Imprisonment for 12 years,
- For any other case: Imprisonment for 10 years.
Unspecified Unlawful Sexual Activity
In any proceedings for an offence under this section, it is necessary to prove that the child was or was to be procured for unlawful sexual activity. Still, specific unlawful sexual activity need not be specified or proven.
Fictitious Children references to a child in this section include individuals pretending to be children if the accused believed them to be so. In such cases:
- References to unlawful sexual activity include acts that would be unlawful if the person were a child,
- References to the age of the child denote the age believed by the accused.
The higher maximum penalty for a child under 14 years of age does not apply unless the child’s age is specified in the charge for the offence.
Defence and Alternate Verdicts
It constitutes a defence in proceedings for an offence under this section if the accused reasonably believed the other person was not a child. What if during the trial of a person charged with an offence under subsection (2) or (2A), the jury is not convinced of the offence but finds evidence of an offence under subsection (3)?
If this is the case, they may acquit the person of the initial charge and find them guilty of an offence under subsection (3), subjecting them to corresponding punishment.
Section 66EC: Grooming a Person for Unlawful Sexual Activity with a Child Under the Person’s Authority
Section 66EC of persistent sexual abuse on children laws addresses the reprehensible act of grooming individuals to facilitate unlawful sexual activity with minors. It’s essential to grasp the key elements outlined in this legislation:
An adult person commits an offence if they provide material or financial benefits to a person, excluding children, to make it easier to procure a child under their authority for unlawful sexual activity with either themselves or another individual. Maximum penalties vary depending on the age of the child involved:
- For children under 14 years, imprisonment for up to 6 years may be imposed
- For older children, the maximum imprisonment period is 5 years.
Legal Process:
It’s crucial to note that proceedings for an offence under this section can only be initiated with the approval of the Director of Public Prosecutions.
Seek Legal Help For Your Criminal Law Matter
Sexual abuse is a despicable offence especially if the victims themselves are children. JB Solicitors’ help is crucial when facing sexual abuse charges. They’ll fight for your rights, investigate the case, build a strong defence (consent, alibi, etc.), negotiate plea bargains, and represent you in court if needed.
Contact us today if you need help reporting persistent sexual abuse on children.
