CHILD SEXUAL OFFENCES

In Queensland, child sexual offences are defined under the Criminal Code Act 1899 (Qld). These offences involve conduct of a sexual nature against a child under 16, or a child under 18 who has an impairment of the mind.

Examples of child sexual offences include:

- Indecent treatment of a child under 16 (s 210)

- Carnal knowledge with or of children under 16 (s 215)

- Procuring a child for sexual activity (s 218)

- Grooming a child (s 218A)

- Maintaining a sexual relationship with a child (s 229B)

- Rape (s 349)

- Child exploitation material offences (ss 228B–228E)

Historical Child Sexual Offences

There is no limitation period for prosecuting child sexual offences in Queensland. This means a person can be charged even if the alleged conduct occurred many years — or even decades — ago. These matters are often referred to as historical child sexual offences.

Child sexual offences carry some of the heaviest penalties under Queensland law. Allegations — whether recent or historical — can have life‑changing consequences. If you are being investigated or charged, obtaining immediate legal advice is essential to safeguard your rights, reputation, and future.

Child sexual offences are among the most serious crimes under Queensland law. The Criminal Code Act 1899 (Qld) prescribes very heavy maximum penalties, reflecting the seriousness with which the courts treat these offences. Maximum penalties include:

- Indecent treatment of a child under 16 (s 210): up to 20 years imprisonment (depending on the child’s age and aggravating factors).

- Carnal knowledge with or of children under 16 (s 215): up to life imprisonment.

- Procuring a child for sexual activity (s 218): up to 14 years imprisonment.

- Grooming a child (s 218A): up to 5 years imprisonment (increased to 10 years if the child is under 12).

- Maintaining a sexual relationship with a child (s 229B): life imprisonment.

- Rape (s 349): life imprisonment.

- Child exploitation material offences (ss 228B–228E): up to 14 years imprisonment, depending on the conduct (making, distributing, or possessing).

Historical offences and sentencing

There is no limitation period for prosecuting child sexual offences. This means charges can be brought even decades after the alleged conduct. 

When sentencing for historical offences:

- The offence is charged under the version of the Criminal Code that applied at the time of the alleged conduct.

- The court applies today’s sentencing law and principles, but it cannot impose a harsher maximum penalty than was available at the time of the offence.

- If the current law provides a lesser maximum penalty, the court must apply that lesser maximum.

- This ensures there is no retrospective increase in punishment, in line with fundamental legal principles.

The penalties for child sexual offences in Queensland are extremely serious, with many offences carrying the possibility of life imprisonment. Even historical allegations can result in lengthy prison terms. Whether or not you believe you have a defence, obtaining immediate legal advice is critical. We can explain your options, protect your rights, and work to achieve the best possible outcome in your circumstances.

To convict a person of a child sexual offence in Queensland, the prosecution must prove each element of the offence beyond reasonable doubt. Common elements across offences, include:

- Identity: That you are the person who committed the alleged act.

- Child’s age: That the complainant was under 16 (or under 18 if they had an impairment of the mind, or as specified by the section).

- Sexual nature: That the conduct was sexual in character (for example, indecent touching, penetration, or exposure).

- Intent: That the conduct was intentional, not accidental.

Examples by offence

- Indecent treatment (s 210): That you unlawfully and indecently dealt with, exposed, or procured a child under 16.

- Carnal knowledge (s 215): That you had sexual intercourse with a child under 16.

- Procuring (s 218): That you procured a child to commit, or be involved in, a sexual act.

- Grooming (s 218A): That you engaged in conduct with intent to facilitate a sexual act with a child under 16.

- Repeated sexual conduct with a child (s 229B): That you engaged in more than one unlawful sexual act with a child over any period.

- Rape (s 349): That penetration occurred. If the complainant was under 16, the law says they cannot consent, so the prosecution does not need to prove lack of consent.

- Child exploitation material (ss 228B–228E): That you made, distributed, possessed, or administered child exploitation material.

Child sexual offence charges are among the most serious in Queensland, with penalties that can include life imprisonment. Even historical allegations can lead to lengthy prison terms. The earlier you get legal advice, the stronger your position will be. Do not wait until charges are laid — if you are under investigation or suspect you may be, seek urgent legal advice now to protect your rights, your reputation, and your future.

Under the Criminal Code Act 1899 (Qld), there are only limited defences available to child sexual offence charges. These include:

- Mistaken identity – for example, where the accused is wrongly identified as the offender.

- Acts did not occur – disputing that the alleged conduct ever took place.

- Lack of intent – showing the behaviour was accidental or not sexual in nature.

- Mistaken belief of age – in some cases, if the accused can prove they honestly and reasonably believed the complainant was 16 or older (this defence is not available if the child was under 12).

- Consent – the law is clear:

- For children under 16, consent is never a defence.

- For young people aged 16 or 17, consent can be a defence only if the accused was not in a position of trust, care, or authority.

- Example: A consensual relationship between two 17‑year‑olds is lawful. But if a 17‑year‑old student engages in sexual activity with their teacher, consent is irrelevant because the teacher is in a position of trust/authority.

Defences to child sexual offences are narrow and fact‑specific, but they can be powerful if raised correctly. Because penalties can include lengthy imprisonment, urgent legal advice is essential to assess whether a defence applies and to protect your rights, reputation, and future.

A conviction for a child sexual offence under the Criminal Code Act 1899 (Qld) carries some of the harshest consequences in Queensland law. Penalties can include lengthy terms of imprisonment — in some cases up to life imprisonment — depending on the nature of the offence. Beyond sentencing, a conviction almost always results in being placed on the Queensland Child Protection Offender Register, strict reporting obligations, and long‑term restrictions on employment, travel, and community participation.

A conviction for a child sexual offence can permanently damage your freedom, reputation, and future opportunities. Because the consequences are so severe, it is critical to seek urgent legal advice at the earliest stage to protect your rights and explore any possible defences.

Facing allegations of a child sexual offence is one of the most stressful and damaging experiences a person can go through. At Coral Coast Law, we provide clear, strategic advice and strong representation at every stage — from police interviews and bail applications through to trial and sentencing. We carefully analyse the evidence, identify possible defences, and work to protect your rights, reputation, and future.

Allegations like these can feel overwhelming, but you don’t have to face them alone. Coral Coast Law will stand beside you, protect your rights, and fight for the best possible outcome.