Persistent sexual abuse of a child is regarded as a serious criminal offence. Reflecting the severity of such acts, offenders may face penalties as harsh as life imprisonment. This offence involves repeated unlawful sexual behaviour by an adult toward a child over an extended period. Relevant legislation includes Section 66EA of the Crimes Act 1900 NSW.

While laws may vary slightly between states and territories, all jurisdictions share the common goal of protecting children from long-term sexual abuse.

Key Aspects of the Offence

Repeated Unlawful Sexual Conduct

The offence is defined by multiple sexual acts committed over time. These may be viewed individually or as part of a broader, ongoing pattern of abuse.

Child Victims

The victim is generally a minor under the age of 16. Some jurisdictions extend protection to young people who are under special care or particularly vulnerable.

Adult Offenders

Offenders are typically adults, often occupying positions of trust or authority over the child, which exacerbates the harm done.

Ongoing Pattern of Abuse

What sets this offence apart is its focus on the continuity of abuse. Rather than isolated incidents, it targets situations where abuse is systematic and sustained.

Proof of Intent

Prosecutors must demonstrate that the offender intentionally engaged in a series of sexual interactions with the child across a period of time.

Retrospective Penalties

In some states, sentencing laws have been applied retrospectively, meaning they can apply to offences committed in the past under specific circumstances.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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