If you are successfully found not guilty, no penalty applies.
Sexual offences are punishable by a sentence of imprisonment of up to 14 years depending on the objective seriousness and circumstances of the offence. Each specific offence carries its own penalties. Important points for the Court to consider include:
- Whether the offender was in a position of trust;
- Where the offences occurred;
- The age of the victim;
- How long the offences occurred for or if they are a single event;
- Whether grooming or threats of violence was a factor;
- Whether the victim has a cognitive impairment.
If a particular offence is listed prescribed sexual offence, the court cannot impose an Intensive Corrections Order.
If you have been charged, we recommend you contact us immediately. We appreciate the sensitive nature of the charges and all discussions are strictly confidential.
Upon conviction, the Court may impose the following penalties:
- Conditional release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non-parole period.