Will I go to jail for Sexual Intercourse Child Under 10?

The maximum penalty is life imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.

The charge will start in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Had sexual intercourse;
2. With a child; and
3. The child was under 10 at the time of the offence.  

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is ‘sexual intercourse’?

Sexual intercourse is a sexual connection through penetration to any extent of the female genitalia, or the anus of any person. In addition, the penetration can be by any part of the body, or an object. 

This means sexual intercourse extends beyond penile-vaginal penetration, or penile-anal penetration. As a result, inserting fingers, a tongue or an object into the vagina or anus, or inserting the penis into the mouth of the victim amounts to sexual intercourse.

For more information, see our Sexual Assault page.