What is Persistent Sexual Conduct with a Child?
Under Section 321A of the criminal code, a person is said to have committed the offence of persistent sexual conduct with a child if they engage in sexual acts with someone under the age of 16 on three or more occasions. The acts committed on these occasions do not have to be the same each time.
Due to the serious nature of sex offences, the charge of ‘persistent sexual conduct’ exists to sum up the most dire aspects of child sex offences.
Explanation of Section 321A of the Criminal Code in Relation to the Offence
The relevant section of the Criminal Code defines ‘persistent engaging in sexual conduct’ as the accused committing a ‘sexual act’ with the child on three or more separate occasions. The State or Crown can proceed with charges even if some of the sexual acts did not occur inside the State of Western Australia’s jurisdiction as long as at least one sexual act did occur in WA. Additionally, the accused can face charges for each alleged ‘sexual act’ committed against a child, along with the charge of persistent sexual conduct with a child.
The definition of a ‘sexual act’ this includes the following,
- Indecently dealing with a child
- Sexual penetration of a child
- Procuring, inciting or encouraging a child to engage in sexual behaviour
- Indecently touching a child
- Procuring, inciting or encouraging a child to do an indecent act
- Committing acts of indecency towards a child or in the presence of a child
What is the Penalty for Persistent Sexual Conduct with a Child?
This offence in itself carries a maximum prison term of up to 20 years in prison.
What Does the Court Consider at Sentencing for the Offence of Persistent Sexual Conduct with a Child?
A number of factors go into deciding an appropriate sentence for an offender found guilty of persistent sexual conduct with a child. Judges will take into account,
- Age of the child
- Relative age of the offender and child
- If the offender was in a position of authority over the child and able to use the authority to submit to demands
- The degree of deviance involved in the indecent acts
- Elements of force or coercion involved
- Circumstances of the victim, how much they were taken advantage of and the degree to which the acts added to their corruption
- How long was the period of time that the offences took place
- The impact of the offence on the child as determined by a victim impact statement or otherwise
- The degree to which friendship or rewards influenced the offender’s ability to commit the offences
- If the offender has prior convictions for relevant crimes in the past
- How much remorse did the offender display, and if there were any efforts made towards rehabilitation
What are the Typical Defences Used When Charged with Persistent Sexual Conduct with a Child?
There are defences for those facing the charge of persistent sexual conduct with a child. However, these defences are more relevant to the original charges which led the accused to facing three or more sexual offences. These defences may include,
- Mistaken identity may be used but is not always a practical defence. In numerous cases, the victim knew the offender very well.
- Dispute of facts- whether or not the alleged act did occur as described by the State or Crown.
- Mistake of Fact as to the age of the victim or complainant.
- The offender’s ability to prove they believed the victim was over 16 years old at the time the sexual conduct occurred.
- The offender and the victim were lawfully married when the sexual conduct took place.
What Should I Do If I am Charged with this Offence?
If you are charged with the offence of persistent sexual conduct with a child, you should seek help from an experienced legal defence team as soon as possible. The charges you face are severe and come with long prison sentences if you are convicted.
At WN Legal, we understand that charges such as these are intensely personal and may also cause significant embarrassment. You can be confident our team of professionals will be discreet and treat you with dignity. If you need assistance with charges of persistent sexual conduct with a child, do not hesitate to contact us. Our lawyers will work hard to ensure you are treated fairly and get the best possible outcome.
**Please Note**
The material presented in this post is for informational use only. It does not constitute binding legal advice and should not be a replacement for a consultation with a legal professional
