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Persistent Sexual Abuse of a Child

Persistent Sexual Abuse of a Child is an offence under Section 66EA of the Crimes Act 1900 which carries a maximum penalty of life imprisonment.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were an adult, and
  2. You maintained an unlawful sexual relationship with a child

An ‘unlawful sexual relationship’ is where an adult engages in 2 or more ‘unlawful sexual acts’ with or towards a child over any period.

An ‘unlawful sexual act’ includes, but is not limited to:

  1. Sexual act
  2. Sexual touching
  3. Sexual intercourse
  4. Producing child abuse material
  5. Forced self-manipulation, and
  6. Child prostitution

The prosecution does not need to specify the nature of the unlawful sexual acts that are alleged and jurors do not need to agree on the sexual acts that occurred.

It is immaterial that one or more of the acts occurred outside NSW provided that at least one of them occurred within the state.

A ‘child’ is a person under the age of 16 years.

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