Sexual Offences

In Queensland the Criminal Code (Qld) 1899 creates a number of offences relating to sexual offences. These offences involve a wide range of conduct and are often highly complex. If you are charged or questioned regarding sexual offences, you should seek legal advice immediately.

Robertson O’Gorman is experienced in providing legal advice regarding sexual offences. Contact us today on 3034 0000.

It is an offence under section 208 of the Criminal Code for a person to sodomise a person under 18 years of age. It is also an offence to permit a male under the age of 18 to sodomise the person. Furthermore, the section makes it an offence to sodomise someone with an impairment of the mind of any age. It is also an offence to allow someone with an impairment of the mind to sodomise the person.

Sodomy is the legal term for anal or oral sex.

A person with an impairment of the mind is defined as a person with a disability that is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these. That disability must result in a substantial reduction of the person’s capacity for communication, social interaction or learning and the person must subsequently require support.

The maximum penalty is 14 years imprisonment. This maximum penalty increases to life imprisonment if the victim is under 12 years of age, or if the victim is the accused’s lineal descendant or is under the accused’s guardianship or care.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

It is an offence under section 210 of the Criminal Code to indecently deal with a child under the age of 16 years. There are a number of variations to this offence, each with varying elements and penalties. These include allowing oneself to be indecently dealt with by someone under 16 years of age, and showing or taking photographs of a child under the age of 16.

There is a range of maximum penalties that change according to the circumstances of the crime. If the child is of or above the age of 12 years, the maximum penalty is 14 years imprisonment. If the child is under 12, the maximum penalty is 20 years imprisonment. The maximum penalty is also 20 years imprisonment if the victim was the offender’s lineal descendant, or the victim was in the offender’s care at the time, or the victim had an impairment of the mind.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Section 211 of the Criminal Code makes it an offence to have carnal knowledge with an animal.

Carnal knowledge is the legal term for sexual intercourse.

The maximum penalty for this offence is 7 years imprisonment.

Robertson O’Gorman represents people charged with bestiality. Call us today on 3034 0000.

Section 215 of the Criminal Code makes it an offence to have or attempt to have sexual intercourse with a person under the age of 16.

If the victim is over the age of 12, the maximum penalty is 14 years imprisonment. If the child is under the age of 12 years, the maximum penalty is life imprisonment. There are a number of other scenarios in which the maximum penalty changes.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Incest is an offence under section 222 of the Criminal Code. It is an offence for a person to have sexual intercourse with someone that is the person’s lineal descendant or other family member. It is a requirement that the person actually knows that the other person is a family member. It is immaterial whether the two people consented to the acts. Family members can include step, half or adoptive.

The maximum penalty is life imprisonment. The maximum penalty for attempting to commit incest is 10 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Section 227 of the Criminal Code makes it an offence to commit any indecent acts in public.

The maximum penalty is 2 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Section 227A of the Criminal Code makes it an offence to observe or visually record another person in circumstances where a reasonable adult would expect to be afforded privacy. There must be a lack of consent, and the place in question must be private, or alternatively, the victim must be doing a private act and the recording must be for the purpose of recording that private act.

The section also makes it an offence to observe or visually record another person’s genital or anal region in circumstances where a reasonable adult would expect to be afforded privacy. There must be a lack of consent and the observing or recording must be made for the purpose of observing or recording the other person’s genital or anal region.

This is often referred to ‘upskirting’ and often applies to instances where someone is taking photographs of women’s underwear in public without their consent.

The maximum penalty is 2 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

The offence of distributing prohibited visual recordings is created by section 227B of the Criminal Code. This is in many ways related to section 227A.

‘Distribute’ includes communicating the recording, making the recording available, entering an agreement to communicate the recording or attempting to distribute.

The maximum penalty is 2 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Making child exploitation material is a crime under section 228B of the Criminal Code.

‘Making’ includes producing and attempting to produce. ‘Child exploitation material’ is material that is likely to cause offence to a reasonable adult. The material must represent a person under the age of 16 years engaging in sexual abuse, being offensive or demeaning, or being subjected to abuse, cruelty or torture.

It is immaterial, with respect to the age of a person depicted in this material, that the defendant did not know that the person was under 16, or believed that the person was not under that age.

The maximum penalty is 14 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Distributing child exploitation material is a crime under section 228C of the Criminal Code.

‘Distribute’ includes communicating the material, making the material available, entering an agreement to communicate the material or attempting to distribute.

It is immaterial, with respect to the age of a person depicted in this material, that the defendant did not know that the person was under 16, or believed that the person was not under that age.

The maximum penalty is 14 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Possessing child exploitation material is a crime under section 228D of the Criminal Code.

It is immaterial, with respect to the age of a person depicted in this material, that the defendant did not know that the person was under 16, or believed that the person was not under that age.

The maximum penalty is 14 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Section 316A makes it an offence to administer, or attempt to administer, in drink a substance to another person with intent to cause the other person to be stupefied or overpowered.

The quantity and nature of the substance administered is irrelevant in this offence. Furthermore, it is immaterial whether the person intended to take the drink actually takes the drink or another person does.

The maximum penalty is 5 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Rape is one of the most serious offences under Queensland law. Section 349 of the Criminal Code makes rape an offence.

Rape includes the following acts, all which must be committed without the consent of the other:

  • Having sexual intercourse
  • Penetrating the vulva, vagina or anus with any object or part of the body
  • Penetrating the mouth with the person’s penis

For this section, a child under the age of 12 years is incapable of giving consent.

The maximum penalty is life imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Any person who unlawfully and indecently assaults another person is guilty of a crime. This includes procuring another person to commit those acts, or to witness those acts.

The maximum penalty is generally 10 years imprisonment. However, if the act includes bringing any genitalia or anus in contact with the mouth of a person, the defendant may be imprisoned for up to 14 years. Furthermore, the defendant may be imprisoned for life if the offender is, or pretends to be, armed with a weapon, or is in company with any other person. They may also be sentenced to life imprisonment where the assaulted person penetrates the offender’s vagina, vulva or anus to any extent with a thing or part of the person’s body.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.

Stalking is an offence under chapter 33A of the Criminal Code.

The offence is defined under section 359B as conduct which intentionally directed at a person on one or more occasions. If it is on only one occasion, the conduct must be protracted to constitute stalking. Furthermore, the conduct must consist of one or more of the following acts:

  • Following, loitering near, watching or approaching a person
  • Contacting a person in any way
  • Loitering near, watching, approaching or entering a place where a person lives, works or visits
  • Leaving offensive material where it will be found by, given to or brought to the attention of, a person
  • Giving offensive material to a person, directly or indirectly
  • Intimidating, harassing or threatening, regardless of whether or not actual violence against the person or their property is involved

The acts must be such that they would reasonably cause the victim apprehension or fear for themselves or their property. Alternatively, the act may reasonably cause detriment to the stalked person.

There are a number of immaterial factors for stalking. These are listed in section 359D and include:

  • Whether the defendant intended the stalked person to be aware of the conduct
  • Whether the stalked person was the person intended to be stalked
  • Whether actual apprehension, fear or detriment was actually caused.

The maximum penalty is 5 years imprisonment. However, the defendant may be sentenced to up to 7 years imprisonment if violence is threatened, or the defendant possesses a weapon, or threatens to contravene an injunction. Furthermore, under section 359F, the court has the power to make restraining orders in relation to stalking – knowingly contravening these orders may result in 1 year imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.