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 indecent material. Child aged 12–15: maximum penalty 14 years imprisonment Child under 12 (or child with impairment of mind): maximum penalty 20 years imprisonment The charge does not require penetration. Any act that is "indecent" — as assessed by the standards of an ordinary person — can constitute this offence. The prosecution does not need to prove the child did not consent. Penile Intercourse with a Child Under 16 — Section 215 Child aged 12–15: maximum penalty 14 years imprisonment Child under 12: maximum penalty life imprisonment Repeated Sexual Conduct with a Child — Section 229B Formerly called "maintaining an unlawful sexual relationship with a child." Maximum penalty: life imprisonment . This charge requires more than one unlawful sexual act involving a child over any period of time. It is a charge that only the DPP can lay — police cannot charge this offence directly. It is one of the most serious charges in Queensland criminal law. Online Procuring of a Child Under 16 — Section 218A Maximum penalty: 10 years imprisonment . Charged where a person uses electronic communication to procure a child under 16 to engage in a sexual act, or to expose a child to indecent material. This includes social media, messaging apps, and online platforms. Grooming a Child Under 16 — Section 218B Maximum penalty: 5 years imprisonment . Charged where a person engages in conduct over a period of time to gain the trust of, or reduce the resistance of, a child for the purpose of facilitating a sexual offence. This charge can be dealt with summarily in the Magistrates Court. Unlawful Sodomy — Section 208 Maximum penalty: life imprisonment where the other person is under 18 or has an impairment of mind. Incest — Section 222 Maximum penalty: life imprisonment . Child Exploitation Material — Sections 228A–228DC Making, distributing, or possessing child exploitation material carries penalties of up to 20 years imprisonment depending on the specific offence. These charges often arise from online activity and are frequently charged alongside other offences. Failure to Report a Belief of a Child Sexual Offence — Section 229BC Maximum penalty: 3 years imprisonment . This charge applies to adults who gain information that causes them to believe a child sexual offence has been committed and fail to report it to police. Note: the related but distinct offence of failure to protect a child from a child sexual offence (section 229BB) carries a maximum of 5 years.

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 sexual conduct) — can only be charged by the Director of Public Prosecutions, not by police. This means the DPP has reviewed the evidence and made an independent decision to prosecute. Other charges may be initially laid by police but are ultimately prosecuted by the DPP in the District Court. Pre-recorded evidence In child sexual offence matters, the child complainant's evidence is typically pre-recorded — both the initial police interview and, in many cases, the cross-examination. This means the child does not give live evidence in the courtroom at trial. The pre-recorded evidence is played to the jury instead. Historical offences Child sexual offence allegations frequently relate to events that occurred years or decades ago. Historical matters are prosecuted under the law that applied at the time of the alleged offence, but using current court procedures. The maximum penalties, the elements of the offence, and the available defences may differ depending on when the conduct is alleged to have occurred. Sacha will advise on which law applies to your case.

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 and Sentences Act 1992 , only a Supreme Court judge can grant bail . Sacha can appear in the Supreme Court for bail applications. Typical conditions Bail conditions in child sexual offence matters are among the most restrictive: No contact with the complainant or any child under 16 No attendance at places where children are likely to be present (schools, parks, swimming pools) Residential condition GPS monitoring Surrender of passport Regular reporting to police Surrender of all electronic devices If you are in custody and need bail urgently, call Sacha immediately on 0425 429 458 .

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 offender and the child "Exceptional circumstances" is a high bar. In practice, the vast majority of child sexual offence convictions result in imprisonment. Repeat offenders — mandatory life If you are convicted of a second "serious child sex offence" (a sexual offence against a child under 16 carrying a maximum of life imprisonment), the court must impose either a life sentence or an indefinite sentence . Serious Violent Offence (SVO) declarations A sentence of 10 years or more triggers an automatic SVO declaration — you must serve 80% of the sentence before being eligible for parole. For sentences between 5 and 10 years, the court has discretion. Good character The court must not treat good character as a mitigating factor if it helped you commit the offence or gain access to the child — for example, if your position of trust or community standing facilitated the offending. The importance of preparation Even where imprisonment is unavoidable, the length of the sentence is not predetermined. The sentencing submissions, supporting material, any psychological or medical reports, evidence of rehabilitation, and the factual basis on which the plea proceeds all materially affect the outcome. The difference between the top and the bottom of the sentencing range can be years.

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 after being on the register What you must report You must keep police informed of: Your name and any aliases Your residential address Your employment and employer details Your vehicle details Your travel plans (including interstate and overseas travel) Your online identifiers (email addresses, social media accounts, usernames) Details of any children living with you or in your care You must report periodically (typically annually) and update your details within a set timeframe whenever they change. Failure to comply with reporting obligations is itself a criminal offence. If you were a child at the time of the offence If you committed the offence when you were under 18, the reporting period is half the usual period — with a maximum of 7.5 years instead of life. Suspension of lifetime reporting After 15 years on lifetime reporting (excluding any time in custody), you can apply to the Supreme Court for an order suspending your reporting obligations.

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 — release under strict conditions for a minimum of 5 years , including electronic monitoring, curfews, treatment requirements, and reporting The Attorney-General must prove the prisoner is a "serious danger to the community." The Bail Act does not apply to people held under this legislation. This is a post-sentence consequence — it applies after the criminal sentence has been served. Sacha will advise on whether this legislation is relevant to your case and what it means in practice.

Frequently Asked Questions

Will I definitely go to jail?

For child sexual offences where the victim was under 16, the court must impose a term of imprisonment unless there are exceptional circumstances — which is a high bar. In practice, most convictions result in imprisonment. The question is usually the length of the sentence, which depends on the charge, the facts, your history, and how the matter is prepared. Sacha will give you an honest assessment at the first consultation.

What is section 229B?

Section 229B of the Criminal Code — repeated sexual conduct with a child — is one of the most serious charges in Queensland law. It carries life imprisonment and can only be charged by the DPP (not police). It requires more than one unlawful sexual act involving a child over any period of time. The charge allows the prosecution to present a pattern of conduct rather than proving each individual act separately.

What if the allegation relates to events years ago?

Historical child sexual offence allegations are common. The matter is prosecuted under the law that applied at the time of the alleged offence. The maximum penalties, the elements of the charge, and the available defences may differ depending on when the conduct is alleged to have occurred. Sacha will advise on which law applies and how it affects your case.

What is the sex offender register?

A conviction for a child sexual offence triggers 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 for a subsequent offence, and life for multiple subsequent offences. After 15 years on lifetime reporting, you can apply to the Supreme Court for suspension.

Can I get bail?

Most child sexual offence charges carrying life imprisonment are show cause offences — the presumption of bail is reversed. For repeat serious child sex offences, only a Supreme Court judge can grant bail. Bail can be granted, but it requires a strong application addressing the court's concerns. Sacha prepares detailed bail submissions and can appear urgently if you are in custody.

What happens after I serve my sentence?

For serious sexual offence convictions, the Attorney-General can apply to the court before your release for a continuing detention order (indefinite detention) or a supervision order (minimum 5 years of strict conditions). This is in addition to sex offender registration. Sacha will advise on whether these post-sentence consequences are relevant to your case.

What about my Blue Card?

A child sexual offence conviction results in automatic cancellation of any Blue Card (working with children check) and permanent disqualification from obtaining one in the future. If you hold a Blue Card and are charged (not yet convicted), your card may be suspended during the proceedings. Sacha will advise on the implications for your employment.

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