Sexual Intercourse with a Child Between 10 and 16

Our expert criminal lawyers for sexual intercourse with a child between 10 and 16 offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Sexual Intercourse with a Child Between 10 and 16 Offence

Sexual Intercourse with a Child Between 10 and 16 is a serious offence. Our criminal lawyers know that being charged with a sex offence is terrifying, especially where it is being suggested that there is a child victim. Simply being charged with a sex offence can turn friends and family against you and destroy your reputation.

We fight not only for your freedom but also for your family and friends, and other parts of your life being ripped away by a false accusation. We beat Sexual intercourse with a child between 10 and 16 charges.

We attack the evidence of your accuser and other police witnesses. We call witnesses to talk about your good character and pick apart medical or DNA evidence pointing to its absence.

Offences are deemed more severe if there are any circumstances of aggravation. Aggravating circumstances include: 

• The accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby.
• The accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument.
• The accused person threatens to inflict grievous bodily harm or wounding on the complainant or any other person who is present or nearby.
• The accused person is in the company of another person or persons.
• The complainant is under the age of 16.
• The complainant is under the authority of the accused person.
• The complainant has a serious physical disability.
• The complainant has a cognitive impairment.
• The accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence
• The accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence

Pleading not guilty

You will be found not guilty of the offence of Sexual intercourse with a child between 10 and 16 if the police cannot prove beyond a reasonable doubt:

1. You had sexual intercourse with the victim; and
2. The victim was between the ages of 10 and 16 years old.

You can read more information about pleading not guilty here.

Sexual intercourse means sexual connection occasioned by the penetration to any extent of the genitalia of a female person. Or the anus of any person by any part of the body of another person. It also includes any object manipulated by another person, or sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or cunnilingus.

If the child is over 14, it is a defence to this charge if you honestly and reasonably believed the child to be 16 years old or more.

Read more about what to do if wrongfully accused of sexual assault here. 

Pleading Guilty

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. It may be that one of our experienced solicitors can negotiate with the prosecutors to have you plead guilty to less serious facts or even a less serious charge.

You can read more about pleading guilty here.

The offence of Sexual intercourse with a child between 10 and 14 carries a maximum penalty of 16 years imprisonment, whereas if the child is between 14 and 16, the maximum penalty is 10 years imprisonment. 

Additionally, if aggravated circumstances were involved, the maximum penalty increased to 20 years’ imprisonment for children aged between 10 and 14, and 12 years’ imprisonment for children aged between 14 and 16. 

These penalties are typically reserved for the worst offenders. Sexual intercourse with a child between 10 and 16 is an extremely serious offence. If you are charged with Sexual intercourse with a child between 10 and 16, you should contact our office immediately.

Our criminal lawyers are known for their ability to get non-convictions, meaning no criminal record, for guilty pleas.  

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your sexual intercourse with a child between 10 and 16 charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case studies 

Accused found not guilty – honest and reasonable mistake

Our lawyer represented a man at Downing Centre Local Court, charged with having sex with a fourteen-year-old. The client instructed that he had met the fourteen-year-old when she added him on a social networking website. All their mutual friends were over 18 years old. There was nothing on the website that disclosed her age. Following chatting with each other they met and had sexual intercourse. Throughout their conversations there was no mention of school or living with her parents. She never disclosed her age to the client. The client raised the defence of honest and reasonable mistake in that he honestly believed she was over 16. This belief was reasonable in the circumstances of how they had met and their interactions. The Magistrate accepted the defence had been appropriately raised and our client was found not guilty.

Accused found not guilty – unreliable and dishonest witness

Our lawyer represented an 18-year-old man charged with the Aggravated sexual assault of a 14 year old. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross-examined about her conduct following the alleged rape in which she continued her relationship with the Accused as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict. The jury one may speculate, based on the cross examination, found the girl to an unreliable and dishonest witness, and the Accused to be telling the truth. The Accused was found not guilty.

Suspended jail sentence of two years

Our lawyer represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. He negotiated the charge with the DPP who accepted a guilty plea to sexual intercourse with a child aged more than 14, less than 16. This was on the basis of our lawyer’s representations that they would struggle to prove beyond reasonable doubt that there had not been consent. Our lawyer also convinced the DPP to allow the case to be dealt with in the Local Court. In the end, the client received a suspended jail sentence of two years. This meant a person of prior good character, who had never been in trouble before, stayed out of jail and walked out of Campbelltown Court. 

Accused found not guilty – unreliable and dishonest witness

Our lawyer represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. The matter proceeded to trial at Campbelltown District Court. The child complainant was cross-examined at length about his relationship with the Accused. The jury ultimately found the witness unbelievable. Whilst there are no eyes and ears of a criminal defence lawyer in a Sydney jury room, one would think the damage to the child complainant in cross examination and submissions on inconsistent medical evidence may have been the turning point, as the client was found not guilty.

Found not guilty 

Our lawyer represented a man charged with six counts of having sexual intercourse with a child. The matter went to trial and the child was cross-examined extensively. Our client was found not guilty on all charges.

Found not guilty

Our lawyer represented a man charged with having sexual intercourse with a child under 10 years old. The allegation was historical from more than 30 years ago. The alleged victim was cross-examined extensively about the time period. I turned out many of her accusations could not possibly have occurred when she was that age because our client had been elsewhere at the time. Our client gave evidence and called evidence of his good character. The jury found our client not guilty.

Charges withdrawn

Our lawyer represented a man charged with a historical sexual assault of his 6-year-old daughter. After lengthy negotiations with the prosecutors that charge was withdrawn.