Facing allegations of a sexual offence is incredibly difficult. We provide sensitive, confidential, and skilled legal representation, prioritising your well-being throughout the process.
At Foye Legal, we understand that facing charges relating to Sexual Offences can be both overwhelming & distressing. We are committed to providing you with expert legal representation, ensuring your rights are safeguarded throughout the legal process. With offices in Wollongong, Shellharbour & North Sydney our team is experienced in defending clients against a broad spectrum of sexual offence charges, including:
Sexual offence laws in NSW are serious, and understanding the law is crucial. Recent reforms have emphasised the importance of affirmative consent, requiring clear and voluntary agreement to engage in sexual activity.
Penalties for sexual offences are severe, potentially leading to significant fines and lengthy imprisonment. Given the serious nature of these charges, it is imperative to seek immediate legal counsel to navigate the legal system effectively.
At Foye Legal, we approach each case with sensitivity & discretion, providing personalised legal strategies tailored to your unique circumstances.
At Foye Legal, our skilled team is dedicated to providing comprehensive legal support for individuals facing GBH charges, ensuring your rights are protected throughout the legal process
This offence is a serious indictable (SI) offence. It must be finalised in the District Court, but commences in the Local Court.
The maximum penalty for sexual assault is 14 years imprisonment.
There is a standard non-parole period of 7 years imprisonment.
If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very possible that you will be sentenced to a term of imprisonment.
SEXUAL INTERCOURSE WITH A CHILD UNDER 10
Under Section 66A of the Crimes Act 1900 (NSW), engaging in sexual intercourse with a child under 10 years old is a serious indictable offence, carrying a maximum penalty of life imprisonment. This offence is initiated in the Local Court but must be finalized in the District Court. A standard non-parole period of 15 years applies. If convicted, various sentences may be imposed, including imprisonment. Given the severity of the penalties, it is crucial to seek experienced legal representation if facing such charges.
SEXUAL INTERCOURSE WITH A CHILD BETWEEN 14-15
Under Section 66C(3) of the Crimes Act 1900 (NSW), engaging in sexual intercourse with a child aged between 14 and 16 is a serious offence. Classified as a Table 1 offence, it can be dealt with in either the Local Court or the District Court. In its aggravated form, this offence is a serious indictable offence that must be finalized in the District Court after commencing in the Local Court. The maximum penalty for this offence is 10 years imprisonment; however, if handled in the Local Court, the maximum penalty is limited to 2 years imprisonment. Aggravated sexual intercourse with a child between 14 and 16 carries a more severe maximum penalty of 12 years imprisonment, with a standard non-parole period of 5 years. If convicted or if you plead guilty, various sentences, including imprisonment, may be imposed.
PERSISTENT SEXUAL ABUSE OF A CHILD
Under Section 66EA of the Crimes Act 1900 (NSW), persistent sexual abuse of a child is a serious indictable offence, punishable by up to life imprisonment. This offence involves an adult maintaining an unlawful sexual relationship with a child, defined as engaging in two or more unlawful sexual acts over any period. Proceedings commence in the Local Court but are finalized in the District Court. If convicted, various sentences may be imposed, including imprisonment.
PROCURE CHILD UNDER 16 FOR UNLAWFUL SEXUAL ACTIVITY
Under Section 66EB(2) of the Crimes Act 1900 (NSW), intentionally procuring a child under 16 for unlawful sexual activity is a serious offence. As a Table 1 offence, it can be addressed in either the Local Court or the District Court. If the child is under 14, the maximum penalty is 15 years’ imprisonment, with a standard non-parole period of 6 years. For children aged 14 to under 16, the maximum penalty is 12 years’ imprisonment, and a standard non-parole period of 5 years applies. However, if the matter is dealt with in the Local Court, the maximum penalty is limited to 2 years’ imprisonment. Upon a guilty plea or conviction, various sentences may be imposed, including imprisonment.
GROOM CHILD UNDER 16 FOR UNLAWFUL SEXUAL ACTIVITY
Under Section 66EB(3) of the Crimes Act 1900 (NSW), grooming a child under 16 for unlawful sexual activity is a serious offence. As a Table 1 offence, it can be addressed in either the Local Court or the District Court. The maximum penalty is 12 years’ imprisonment if the child is under 14, and 10 years if the child is aged 14 to under 16. However, if the matter is dealt with in the Local Court, the maximum penalty is limited to 2 years’ imprisonment. For children under 14, a standard non-parole period of 5 years applies, while for those aged 14 to under 16, the standard non-parole period is 4 years. Upon a guilty plea or conviction, various sentences may be imposed, potentially including imprisonment.
Criminal Law incoving Sexual Abuse is complex & involves allegations against individuals by the state. Foye Legal provides tailored & compassionate advice, & representation. As no two cases are the same, we ensure our approach & your case is handled with the utmost of case.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
In New South Wales, consent for sexual activity is defined as a free and voluntary agreement to engage in the specific act. Consent must be actively communicated through words or actions, and it can be withdrawn at any time before or during the sexual activity. The absence of physical or verbal resistance does not imply consent. Additionally, consenting to one sexual act does not automatically mean consent is given for other acts, whether on the same or a different occasion. Determining whether someone has consented depends on the surrounding circumstances and the presence of clear, affirmative communication.
In New South Wales, a person cannot legally consent to sexual activity under the following circumstances:
These conditions are outlined in Section 61HJ of the Crimes Act 1900 (NSW).
It’s important to note that consent must be a free and voluntary agreement, actively communicated through words or actions. Consent can be withdrawn at any time during sexual activity, and prior consent does not imply future consent.
Understanding these legal standards is crucial to ensure all sexual activities are consensual and lawful.
Sexual abuse involves any unwanted sexual activity where consent is not freely given. This includes acts ranging from indecent assault to sexual intercourse without consent. In New South Wales, such offences are taken very seriously and carry severe penalties.
If you’re in immediate danger, call emergency services at 000. To report past incidents, you can contact your local police station or reach out to specialized support services for guidance on the reporting process.
Numerous organisations offer support, including counseling, legal advice, and medical assistance. Services like 1800RESPECT provide confidential support 24/7. Additionally, Foye Legal can guide you through the legal process and connect you with appropriate support networks.
Survivors can pursue criminal charges against the perpetrator, seek civil remedies such as compensation, or both. It’s essential to consult with a legal professional to understand the best course of action based on your circumstances.
While there’s no statute of limitations for prosecuting sexual offences in NSW, it’s advisable to report the incident as soon as possible to preserve evidence and strengthen the case.
The process typically involves reporting the incident, police investigation, potential charges against the accused, and court proceedings. Each case is unique, so seeking personalised legal advice is crucial.
While initial reports can sometimes be made anonymously, pursuing legal action usually requires the survivor’s identity to be disclosed to ensure a fair legal process.
Foye Legal offers compassionate and comprehensive legal representation, guiding you through the complexities of the legal system & advocating for your rights.
Send us your enquiry here or give us a call on 1800 996 994
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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