Sexual Offence Charges in Queensland — What You Need to Know
Sexual Offences — 2026-07-23 — by Sacha Sarah Smith, Civic Law
Charged with a sexual offence in Queensland? The charges range from image-based offences in the Magistrates Court to rape carrying life imprisonment. Here is what you are facing, what to do first, and how the new consent laws affect your case.
Sexual offence charges in Queensland cover everything from sharing an intimate image without consent — a Magistrates Court matter with a maximum of 3 years — through to rape, which carries life imprisonment and must go to the <a href="/cairns-district-court">District Court</a>. The specific charge determines which court hears the matter, what bail looks like, and the realistic range of outcomes.
If you have just been charged, you are probably frightened. You may not know who to talk to — or whether anyone can help. The fear of family finding out, of losing a job, of a name appearing in the media is real. But most of those outcomes can be managed with the right advice early.
Below is where each charge sits, what to do in the first 48 hours, how Queensland's new consent laws may affect your case, and what a conviction would mean for your future.
The Charges — They Are Not All the Same
Sexual offence charges in Queensland sit on a spectrum. The maximum penalty, the court that deals with the matter, and the consequences after sentence are all different depending on the specific charge.
<strong>Indecent acts (section 227 of the Criminal Code).</strong> Maximum 2 years. Covers indecent exposure and wilful indecent behaviour in public. Dealt with in the <a href="/cairns-magistrates-court">Magistrates Court</a>.
<strong>Distributing intimate images (section 223).</strong> Maximum 3 years. What most people call "revenge porn." It does not matter whether you intended to cause harm or whether the image was originally taken with consent — distributing it without the other person's consent is the offence. Dealt with in the Magistrates Court. <a href="/intimate-image-offences-lawyer-cairns">Read more about image-based offences</a>.
<strong>Observations or recordings in breach of privacy (section 227A).</strong> Maximum 3 years. Covers secretly filming or watching someone in a private setting — bathrooms, changing rooms, bedrooms.
<strong>Grooming a child under 16 (section 218B).</strong> Maximum 5 years. Can be dealt with in the Magistrates Court.
<strong>Sexual assault (section 352).</strong> Maximum 10 years. Covers indecent assault without consent. It can be dealt with summarily in the Magistrates Court — where the maximum drops to 3 years — if the complainant was 14 or older, you plead guilty, and the Magistrate agrees. Aggravated forms carry up to life imprisonment and go to the District Court.
<strong>Online procuring of a child under 16 (section 218A).</strong> Maximum 10 years. Covers using electronic communication — social media, messaging apps, dating platforms — to procure a child for a sexual act.
<strong>Indecent treatment of a child under 16 (section 210).</strong> Maximum 14 years (child aged 12–15) or 20 years (child under 12). Strictly indictable — goes to the District Court. <a href="/child-sexual-offences-lawyer-cairns">Read more about child sexual offence charges</a>.
<strong>Rape (section 349).</strong> Maximum life imprisonment. Covers all forms of penetration without consent. Since 23 September 2024, stealthing — removing or tampering with a condom without consent — is expressly included. <a href="/rape-sexual-assault-lawyer-cairns">Read more about rape and sexual assault charges</a>.
<strong>Repeated sexual conduct with a child (section 229B).</strong> Maximum life imprisonment. Only the DPP can charge this offence. It requires more than one unlawful sexual act involving a child over any period.
Where your charge sits on this spectrum changes everything — the court process, the bail position, the likely sentence, and the long-term consequences. The first thing any lawyer should tell you is which category your charge falls into and what that means for you.