Changes to criminal law in New South Wales have expanded certain child sexual offences, clarified the law on female genital mutilation and strengthened provisions dealing with sexual offences involving deceased people.
The reforms were introduced through the Crimes Amendment (Sexual Offences and Female Genital Mutilation) Act 2025 (NSW), which amended the Crimes Act 1900 (NSW). They also raised the age threshold for the definition of a child in certain child abuse material offences from under 16 to under 18 years.
These changes address gaps and uncertainties in the previous law. They affect how particular offences are defined, what the prosecution must establish and how courts may deal with cases where the evidence does not resolve every factual question.
Understanding the amendments is important for anyone seeking to understand NSW sexual offence laws, including the offences, available defences and potential penalties.
What are the new NSW sexual offence laws?
The 2025 reforms introduced several changes to the Crimes Act 1900 (NSW), including:
- expanding certain offences involving sexual acts carried out in the presence of a child;
- clarifying that female genital mutilation offences can apply regardless of the victim’s age and are not limited to acts performed for traditional or ritualistic purposes;
- changing the law where a court is satisfied that sexual offending or indecent interference with a deceased person occurred, but cannot determine whether the victim was alive or deceased at the relevant time;
- increasing the maximum penalty for indecently interfering with a dead human body from two years to three years’ imprisonment; and
- extending the definition of a child for certain child abuse material offences to include people aged 16 and 17.
The amendments affect distinct areas of criminal law. The applicable provision and penalty depend on the alleged conduct and the charge.
What changed in the law on sexual acts in the presence of a child?
The reforms expanded certain existing offences to cover circumstances where an accused person intentionally carries out a sexual act in the presence of a child and the child’s presence is a source of sexual arousal or gratification for the accused.
Previously, some offences required the prosecution to establish an intention to engage the child physically in the sexual act. This could create difficulties in cases where the accused allegedly obtained sexual gratification from the child’s presence without intending to involve the child physically.
The amendments address this distinction by extending specified offences to cover sexual acts carried out in the child’s presence in the circumstances set out in the legislation.
The reforms do not make every sexual act carried out in the presence of a child an offence under these provisions. The prosecution must establish the elements of the offence, including the required intention and the relevant circumstances.
Sexual acts involving children under 10
Section 66DC of the Crimes Act 1900 (NSW) addresses sexual acts with or towards a child under 10 and, following the amendments, specified sexual acts carried out in the child’s presence where that presence is a source of sexual arousal or gratification.
The maximum penalty for an offence under this section is seven years’ imprisonment.
Sexual acts involving children aged 10 to under 16
Section 66DD addresses specified sexual acts involving children aged 10 to under 16. The amendments extend its operation to qualifying sexual acts carried out in the child’s presence where the required sexual arousal or gratification element is established.
The maximum penalty for an offence under section 66DD is two years’ imprisonment.
A more serious offence may arise under section 66DE where the relevant circumstances of aggravation are present. These circumstances can include matters such as the infliction or threat of actual bodily harm, the offender being in the company of another person, or the victim being under the offender’s authority.
The maximum penalty for an aggravated offence under section 66DE is five years’ imprisonment.
Sexual acts connected with producing child abuse material
The reforms also address sexual acts involving children under 18 where the conduct is filmed for the purpose of producing child abuse material.
Section 66DF covers specified conduct involving a sexual act with or towards a child, or in the presence of a child in qualifying circumstances, where the accused knows the act is being filmed for the purpose of producing child abuse material.
The maximum penalty for an offence under section 66DF is 10 years’ imprisonment.
These provisions operate alongside other offences concerning the production, possession and dissemination of child abuse material.
How have the female genital mutilation laws changed?
Female genital mutilation is prohibited under section 45 of the Crimes Act 1900 (NSW). The offence covers excising, infibulating or otherwise mutilating all or part of another person’s labia majora, labia minora or clitoris, as well as specified involvement in arranging or facilitating the conduct.
The maximum penalty under section 45 is 21 years’ imprisonment.
The 2025 amendments clarified two important aspects of the offence.
First, the offence can apply regardless of whether the person subjected to the conduct is a child or an adult. Secondly, the offence is not limited to conduct performed for traditional or ritualistic purposes.
Are there exceptions to the female genital mutilation offence?
The legislation provides specific exceptions for certain procedures. These include qualifying surgical operations necessary for a person’s health when performed by a medical practitioner, specified procedures connected with labour or childbirth, and qualifying sexual reassignment procedures performed by a medical practitioner.
The legislation also clarifies that piercing or tattooing carried out in accordance with the applicable legal, professional and ethical requirements does not constitute an offence under section 45.
These exceptions are limited by the statutory requirements. They should not be interpreted as a general permission to perform procedures that fall within the definition of female genital mutilation.
A person’s consent is not, by itself, a defence to an offence under section 45.
Section 45A also addresses taking, or arranging for another person to be taken, from NSW with the intention of having female genital mutilation performed on them. The maximum penalty is 21 years’ imprisonment.
What has changed in the law concerning sexual offences involving deceased people?
The reforms also address cases where there is uncertainty about whether a person was alive or deceased at the time of the alleged sexual conduct.
Previously, the distinction could create difficulties because different offences apply depending on whether the victim was alive or deceased. If the evidence established that prohibited conduct occurred but did not establish the victim’s status at the relevant time, that uncertainty could affect whether the prosecution could prove a particular charge.
The amendments inserted section 80AH into the Crimes Act 1900 (NSW). Broadly, it provides a mechanism for a court to deal with cases where the required criminal conduct is established beyond reasonable doubt, but the court cannot determine which of the relevant offences occurred because of uncertainty about the time of death.
In the circumstances covered by the provision, the accused may be sentenced for the offence carrying the lesser maximum penalty rather than being acquitted solely because the court cannot resolve that uncertainty.
This provision does not remove the prosecution’s obligation to prove the relevant criminal conduct beyond reasonable doubt. It addresses a specific evidentiary problem concerning which offence has been established.
What is the penalty for indecently interfering with a dead human body?
Section 81C of the Crimes Act 1900 (NSW) deals with indecent interference with a dead human body.
The 2025 amendments increased the maximum penalty for indecently interfering with a dead human body from two years to three years’ imprisonment.
The section also addresses other forms of improper interference with, or indignity to, a dead human body or human remains. The applicable penalty depends on the particular conduct and provision involved.
The term “necrophilia” is commonly used to describe sexual attraction to or sexual conduct involving deceased people. However, when considering criminal liability in NSW, the relevant legal question is which statutory offence applies to the alleged conduct and what the prosecution must prove.
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