Child sexual abuse is one of the most serious and devastating crimes. It refers to any sexual offence committed against a child and includes a range of acts that exploit or harm minors. In Queensland, child sexual abuse encompasses various offences of a sexual nature committed against individuals under the age of 16, or those under 18 who have an impairment of the mind.
This article will explore the legal definitions of child sexual abuse in Queensland, the penalties for such offences, and the obligations of adults to report and protect children from these crimes.
What Constitutes Child Sexual Abuse in Queensland?
Child sexual abuse in Queensland includes a variety of offences, each with severe legal consequences.
Some of the key offences are:
- Indecent treatment of a child: This involves actions such as fondling, making sexual contact with a child, or taking sexually explicit photos.
- Carnal knowledge with or of a child: This refers to sexual intercourse with a child, which is illegal regardless of consent.
- Rape: Engaging in non-consensual sexual acts with a child.
- Incest: Sexual relations with a child who is a close relative.
- Grooming a child (or their parent or carer): Building trust with the child or their caregiver to facilitate future sexual abuse.
- Making child exploitation material: The creation or distribution of explicit content involving children.
- Maintaining a sexual relationship with a child: Engaging in ongoing sexual activity with a child.
Each of these offences carries harsh penalties under Queensland law, reflecting the gravity of child sexual abuse.
Failure to Report Sexual Offences Against Children
In Queensland, adults have a legal obligation to report child sexual abuse.
The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 makes it an offence for any adult to fail to report a reasonable belief that a child is being sexually abused.
A reasonable belief is one that any reasonable person in the same circumstances would have formed. If you suspect that a child is being sexually abused, you are legally required to report it to the police, unless you have a valid excuse. Some valid excuses include:
- You know someone else has already reported the offence.
- The victim, now an adult, does not want the matter reported.
- You believe reporting the offence would endanger you or another person (other than the alleged offender) and that failure to give the information to police is reasonable.
Failing to report child sexual abuse can result in a penalty of up to 3 years imprisonment.
The maximum penalty from failing to report sexual offences against children is up to 3 years imprisonment.
Failure to Protect Children from Sexual Offences
Criminal Code 1899- Section 229BB stipulates that failing to protect a child from a sexual offence in an institutional setting is a crime. This means that an individual who is both over the age of 18 years and is in a position of authority within an institution must either reduce or remove an individual who is at risk or is a known risk of sexually offending children.
The offence applies if you:
- Are associated with an institution that oversees, cares for, or controls children such as a school, youth organisation, or child-care centre;
- Know there is a significant risk that another adult also associated with the institution will commit a sexual offence against a child or children;
- Have the power or responsibility to reduce or remove the risk;
- Wilfully or negligently fail to reduce or remove the risk.
The maximum penalty from failing to protect children against sexual offences is up to 5 years imprisonment.
Still Have Questions Regarding Legislation Around Sexual Offences Against Children?
Child sexual abuse is one of the most serious criminal offences in Queensland, with severe penalties that can include lengthy imprisonment. Offences such as indecent treatment, grooming, carnal knowledge, and maintaining a sexual relationship with a child carry significant legal consequences, and the law mandates harsh penalties to deter and punish offenders.
If you are facing charges related to child sexual abuse, it is crucial to understand that the penalties can be life-altering, and the justice system takes a firm stance on prosecuting these offences. Seeking professional legal assistance as soon as possible is critical to navigating the legal complexities.
Smith Cambridge Lawyers is experienced in defending those accused of criminal offences, including sexual offences. If you are facing allegations, contact us immediately to discuss your case and the steps you can take to manage this serious legal matter.
