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Maintaining a sexual relationship with a child · Cairns & Far North QLD

Maintaining a sexual relationship with a child lawyer in Cairns

This charge was known as maintaining an unlawful sexual relationship with a child. The law now calls it repeated sexual conduct with a child. Talk to Joseph Rahim in confidence before you speak to police.

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The charge

What the prosecution must prove

The offence is in section 229B of the Criminal Code Act 1899 (Qld).

The relationship

The prosecution must prove an adult maintained an unlawful sexual relationship with a child under 16. A relationship means more than one unlawful sexual act over any period.

A separate part of the section covers a child aged 16 or 17 who was under the adult’s care, supervision or authority.

How it differs from other charges

The jury must be satisfied the relationship existed, but the prosecution does not have to prove the details of each act, and jurors do not all have to agree on the same acts.

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The process

What usually happens after a criminal charge

Every matter is different, but most follow this order.

Police contact

You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.

The charge and bail

You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.

First court date

Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.

Resolution

The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.

Things to know

How these cases work

  • Usually heard in the District CourtThis is a serious indictable offence and is sent to the District Court for trial or sentence.
  • A defence about ageIf the child was 12 or older, it is a defence to prove you believed on reasonable grounds that the child was at least 16. Different defences apply to the part of the section about children aged 16 or 17.
  • Historical allegationsMany of these charges are laid years later. The law that applies depends on when the conduct is alleged to have happened.
Things to avoid

Do not contact the complainant

Not by text, social media or through someone else. If they contact you, do not reply. Contact can breach bail and lead to arrest.

Do not give your side to police first

You must give your name and address when asked. Get advice before you say anything else, including in a phone call from police asking you to come in.

Your blue card is affected at the charge

Being charged with a disqualifying or serious offence suspends a blue card straight away. You must stop child-related work.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He goes through the police allegations with you and tells you exactly what you are charged with.
  • He advises you before you speak to police or make any statement.
  • He gets the evidence reviewed early, and looks at whether the charge fits what is alleged.
  • He represents you in court, including on bail if it is needed.
  • He tells you plainly what to expect, and puts your circumstances properly to the court.
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Joseph Rahim, Principal of Coral Coast Law
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Questions

Questions about this charge

Is maintaining a sexual relationship with a child still an offence?

Yes. It is in section 229B of the Criminal Code, now headed “repeated sexual conduct with a child”.

Does the prosecution have to prove each act?

No. The jury must be satisfied the relationship existed, but not of the details of each act, and they do not have to agree on the same acts.

Which court hears it?

It starts in the Magistrates Court and is sent to the District Court for trial or sentence.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

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Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

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This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.