A person will be guilty of an offence if they over any period engages in 2 or more unlawful sexual acts with or towards a child under the prescribed age. The prescribed age is a child under the age of 16 years.
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Major indictable offence
District Court of South Australia
Maximum penalty of life imprisonment
Sexual Abuse of a Child Key Facts
| Offence | Under Section 50 of the Criminal Law Consolidation Act 1935 (SA), the offence applies when an adult, over any period, commits more than two acts of sexual exploitation against the same child under the age of 16 years. |
| Maximum Penalty | This is one of the most serious offences in South Australia punishable by life imprisonment. |
| Typical Sentence | Courts treat this as one of the most serious child sexual offences. Lengthy terms of imprisonment are almost inevitable, often measured in many years, and in the most severe cases can approach life imprisonment. |
| Which Court? | This matter will be heard in the District Court of South Australia. |
| Process Timeline | Complaint → Police Investigation → Arrest → Police Interview → Bail Consideration (often refused) → Committal in Magistrates Court → Trial in District or Supreme Court → Sentencing if guilty. (Average duration: 12–24 months, depending on case complexity) |
| Possible Defences | It may be a defence to the charge if you had: - Absence of evidence and inconsistencies - If there are inconsistencies with the evidence that give rise to a reasonable doubt that the events subject to the charge took place, then you may be not guilty of the offence. It is for prosecution to prove beyond reasonable doubt that the offence took place, and exclude all reasonable hypothesis consistent with innocence. - Honest an reasonable mistake of fact - If at any time when an act of sexual exploitation of a child was allegedly committed the child was at least 16 years of age and you can prove that you believed on reasonable grounds that that the child was of or over the prescribed age then the defendant can not be guilty of an offence under this section. |
| What The Prosecution Must Prove | The prosecution must prove that you: - Sexually exploited a child under the age of 16; - That it was over any period; - Committed 2 or more unlawful acts; - Knew that the victim was not consenting or was recklessly indifferent as to the consent; and - Intended to assault the victim. |
Sexual Abuse of a Child Case Scenarios
Below are examples of how sexual abuse of a child may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
Aggravated Offence
Low-Level Offence
Scenario:
An adult engages in two or more separate acts of sexual exploitation against the same child under 16, spaced over a period of at least three days.
What to expect:
Even in cases at the lowest threshold, courts almost always impose immediate imprisonment, given the significance of repeated offending against a child.
Mid-Level Offence
Scenario:
An individual commits multiple acts of sexual exploitation of the same child under 16, with the offending continuing to occur over several weeks.
What to expect:
Persistent sexual exploitation involving repeated conduct is treated with extreme seriousness. Courts impose substantial prison terms for up to 10-12 years. Sentencing depends on factors such as prior convictions and the circumstances of the offence.
Aggravated Offence
Scenario:
An adult in a position of trust or authority (teacher, coach, family member) engages in numerous acts of sexual exploitation of the same child under 16, over months or years and uses threats of violence to maintain control.
What to expect:
Courts impose very lengthy prison terms, given the combination of repeated abuse, breach of trust, prolonged duration, and threats of violence. This would place this example at the highest end of sentencing severity.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Possession of Child Pornography
Possession of Child Pornography
Persistent Exploitation of a Child
Persistent Exploitation of a Child
Breach of ANCOR
Breach of ANCOR
Indecent Assault
Indecent Assault
Indecent Assault
Indecent Assault
Sexual Abuse of a Child FAQ’s
If you need more information about sexual abuse of a child in South Australia, these FAQs answer the most common questions.
Is consent a defence for these charges?
No. A child under 16 years cannot legally consent to sexual activity.
Are there any defences to persistent sexual exploitation of a child?
The main defence is honest and reasonable mistake of fact if the accused genuinely and reasonably believed the child was 16 or older at the time of the alleged acts.
How is persistent sexual exploitation different from indecent assault or unlawful sexual intercourse?
Indecent assault or unlawful sexual intercourse usually cover single incidents. Persistent sexual exploitation covers repeated acts over time and carries a higher maximum penalty of life imprisonment.
What role does position of trust or authority play?
If the offender was a parent, relative, teacher, coach, or carer, courts treat it as an aggravating factor. Breach of trust almost always leads to significantly longer prison terms.
Is bail possible for this offence?
Bail is extremely difficult to obtain for these charges.
What happens if there are multiple victims?
The accused will usually face a separate charge for each child. Courts may order sentences to run concurrently or cumulatively, and in serious cases, cumulative sentences can result in decades of imprisonment.
Can a guilty plea reduce the sentence?
Yes. An early guilty plea can reduce a sentence by up to 25% under South Australian law. However, because this offence is so serious, a lengthy prison term is still inevitable even with the discount.
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