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 District Court . 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.
Indecent acts (section 227 of the Criminal Code). Maximum 2 years. Covers indecent exposure and wilful indecent behaviour in public. Dealt with in the Magistrates Court .
Distributing intimate images (section 223). 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. Read more about image-based offences .
Observations or recordings in breach of privacy (section 227A). Maximum 3 years. Covers secretly filming or watching someone in a private setting — bathrooms, changing rooms, bedrooms.
Grooming a child under 16 (section 218B). Maximum 5 years. Can be dealt with in the Magistrates Court.
Sexual assault (section 352). 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.
Online procuring of a child under 16 (section 218A). Maximum 10 years. Covers using electronic communication — social media, messaging apps, dating platforms — to procure a child for a sexual act.
Indecent treatment of a child under 16 (section 210). Maximum 14 years (child aged 12–15) or 20 years (child under 12). Strictly indictable — goes to the District Court. Read more about child sexual offence charges .
Rape (section 349). 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. Read more about rape and sexual assault charges .
Repeated sexual conduct with a child (section 229B). 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.
What to Do in the First 48 Hours
The decisions you make in the first days after being charged shape the rest of the case. Getting these wrong is difficult to undo.
Exercise your right to silence. If police want to interview you about a sexual offence allegation, say nothing until you have spoken to a lawyer. Police interviews in sexual offence investigations are detailed and structured — they are designed to produce a record the prosecution can use. In most cases, the right advice is to decline the interview entirely. Call a lawyer before attending any police station, including if you are going voluntarily.
Do not contact the complainant. Not by phone, not by text, not through a friend, not through social media. Even if the complainant contacts you first. Even if you want to explain or apologise. Any contact after charges are laid can result in additional charges, more restrictive bail conditions, and damage to your credibility at trial or sentence.
Preserve your evidence. Messages, photos, call logs, location data, social media records — anything relevant to your account of what happened needs to be saved now. Do not delete anything from your devices. Destroying evidence is a separate criminal offence and will be used against you. Keep it all and show your lawyer everything.
Tell your lawyer everything. Every conversation between you and your lawyer is protected by legal professional privilege. That protection is absolute — it cannot be overridden by the police, the prosecution, or the court. Your lawyer needs the full account to advise you properly. A selective version helps nobody.
Consent — The Law Changed in September 2024
Queensland's consent laws changed on 23 September 2024 . If the alleged offence happened after that date, the new framework applies. If it happened before, the old rules apply. Which framework governs your case affects both how the prosecution builds its case and what defences are available to you.
Under the new law, consent means free and voluntary agreement . Silence or not resisting does not equal consent. The person must say or do something to communicate agreement — and that agreement can be withdrawn at any time. If you claim you believed the other person consented, you must have said or done something to check. You cannot rely on a "mistake of fact" defence if you took no steps to confirm consent. Being drunk does not make an unreasonable belief in consent reasonable.
The law also lists situations where consent does not exist as a matter of law — including where the person is unconscious, too affected by alcohol or drugs to agree, participating because of fear or coercion, or where stealthing occurred.
If the alleged offence occurred before 23 September 2024, the previous framework applies. The "mistake of fact" defence operated differently — the question was whether your belief in consent was honest and reasonable, without the current requirement to have actively confirmed it. Your lawyer will advise on which framework applies to your case and what it means for the available defences.
Bail, Show Cause, and Protecting Your Identity
Bail in sexual offence matters works differently from other criminal charges.
If you are charged with an offence carrying life imprisonment — rape, aggravated sexual assault, repeated sexual conduct with a child, and others — the normal presumption in favour of bail is reversed. You must show cause to the court why you should be released. If you cannot, the court must refuse bail. For repeat serious child sex offences, only a Supreme Court judge can grant bail.
Even where bail is granted, conditions are typically strict — no contact with the complainant, residence requirements, GPS monitoring, surrender of passport, and regular police reporting. For child offence charges, conditions usually include no unsupervised contact with any child.
If you are in custody and need bail urgently, call Sacha on 0425 429 458 . Bail applications can be made urgently, including show cause applications.
Keeping your name out of the media. Court proceedings in Queensland are generally open. But since October 2023, you must actively apply for a non-publication order if you want your identity suppressed before committal or sentence. The application should be made early — ideally at your first court appearance. The complainant's identity is automatically protected by law. Sexual offence trials and committal proceedings are generally conducted in closed court — the public and media are excluded from the courtroom.
What a Conviction Actually Costs You
A sexual offence conviction carries consequences that go well beyond the sentence the court imposes on the day.
The sex offender register. Certain sexual offence convictions — particularly those involving children — trigger mandatory registration under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 . You must report your address, employment, vehicle details, travel plans, and online identifiers to police on an ongoing basis. The reporting period is 5 years for a single offence, 10 years if you commit a further offence after registration, and life for multiple subsequent offences. After 15 years on lifetime reporting, you can apply to the Supreme Court for suspension.
Your criminal record. A conviction creates a permanent criminal record — visible on police checks and affecting employment applications, professional registration, travel, and immigration. For less serious charges dealt with in the Magistrates Court, a no-conviction order may be available. For District Court matters, the threshold is higher.
Employment and Blue Card. A sexual offence conviction can disqualify you from holding a Blue Card — which means you cannot work in education, childcare, health, disability services, or any other child-related role. Some employers run police checks for all new hires. Industries with mandatory notification requirements — education, health, community services — may require you to disclose charges even before a conviction. Use our criminal record checker to see how a conviction would affect your situation.
Mandatory imprisonment for child offences. If you are convicted of a sexual offence against a child under 16, the court must impose a prison sentence unless there are exceptional circumstances. That is a high bar. For repeat serious child sex offences, a life sentence or indefinite sentence is mandatory.
Serious Violent Offence declarations. A sentence of 10 years or more for a sexual offence triggers an automatic SVO declaration — you must serve 80% before you are eligible for parole . For sentences between 5 and 10 years, the court has discretion.
Good character has limits. At sentencing for child sexual offences, the court must not treat your good character as a factor in your favour if it helped you commit the offence or gain access to the child. A reference from an employer who gave you access to children does not help — it hurts.
Talk to Civic Law
The charge you are facing, the strength of the evidence, and the way your matter is prepared all affect the outcome. Call Sacha Sarah Smith on 0425 429 458 . The conversation is confidential, direct, and without judgment. Sacha will tell you where your charge sits, what the realistic outcomes are, and what needs to happen next.
Sexual Offence Plea — Magistrates Court
District Court Plea
Show Cause Bail Application
Non-Publication Order