Child Sexual Offence Charges
Lawyer Cairns
Being charged with a sexual offence involving a child is one of the most serious situations a person can face. The penalties are severe, imprisonment is mandatory in most cases, and the consequences — including sex offender registration — extend for years or decades beyond any sentence. You need a lawyer who will review the evidence carefully, advise you honestly, and prepare the matter properly. Call Sacha. The conversation is completely confidential.
The Charges and What They Mean
Child sexual offence charges in Queensland carry some of the heaviest penalties in the criminal law. The child's age is what matters — not consent. A child cannot consent to sexual activity as a matter of law. Indecent Treatment of a Child Under 16 — Section 210 This is the most commonly charged child sexual offence. It covers a broad range of conduct — from touching to exposing a child to…
How These Cases Are Different
No consent element Unlike adult sexual offences, child sexual offences do not involve a question of consent. The child's age alone is what matters. The prosecution does not need to prove the child did not consent — they need to prove the child was under the relevant age and that the alleged act occurred. The DPP's role Certain child sexual offence charges — particularly section 229B (repeated…
Bail
Most child sexual offence charges carrying life imprisonment — including section 215 (child under 12), section 229B, and section 208 — are show cause offences. The presumption of bail is reversed, and you must demonstrate to the court why your detention is not justified. Repeat serious child sex offence If you are charged with a repeat serious child sex offence under section 161E of the Penalties…
Sentencing
Mandatory imprisonment If you are convicted of a sexual offence against a child under 16, the court must impose a term of imprisonment unless there are exceptional circumstances. The court considers: The child's age at the time of the offence The nature and severity of the offence The effect of the offence on the child The need to protect children The nature of the relationship between the…
Sex Offender Register
A conviction for a child sexual offence triggers mandatory registration on the sex offender register under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 . Reporting periods 5 years — single reportable offence 10 years — if you commit a further reportable offence after being placed on the register Life — if you commit more than one further reportable offence…
Post-Sentence — the Dangerous Prisoners Act
For prisoners convicted of serious sexual offences, the Dangerous Prisoners (Sexual Offenders) Act 2003 allows the Attorney-General to apply to the court before a prisoner is released for: Continuing detention order — indefinite detention beyond the sentence, if the court is satisfied the prisoner is a serious danger to the community and supervision alone would not be adequate Supervision order —…
Fixed Fees
- District Court Plea — $12,000
- Show Cause Bail Application — $5,500
- Supreme Court Bail — $8,500
- Committal Hearing — $5,800
- District Court Trial (1–3 days) — $15,000–$25,000
- District Court Trial (4+ days) — $25,000–$50,000+