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Sexual Offences Against Children

In December 2008, the Attorney-General asked the Sentencing Advisory Council to advise on the adequacy of the current maximum penalties that apply to the different circumstances in which the offence of sexual penetration of a child under the age of 16 may be committed.

Section 45 of the Crimes Act 1958 provides that the following penalties apply depending on the age of the victim and, in certain circumstances, the relationship between the victim and the offender:

• when the victim of this offence is aged under 10 at the time of the offence – maximum of 25 years’ imprisonment;
• when the victim is aged between 10 and under 16 and is under the care, supervision or authority of the accused – maximum 15 years’ imprisonment; and
• when the victim is (otherwise) aged between 10 and under 16 – maximum 10 years’ imprisonment.

The Council released a consultation paper on 20 March 2009 and its Final Report on 24 September 2009.