The Offence of Sexual Intercourse with a Child Aged Between 10 and 14 Years in NSW

A sitting member of New South Wales parliament has resigned from the Liberal Party after being charged with multiple child sexual offences.

Pittwater MP Roderick “Rory” Gilmore Amon was charged on Friday, 30 August 2023 with 10 sexual offences, comprising five counts of engaging in sexual activity with a child aged over 10 but under 14 years, two counts each of attempting to engage in sexual intercourse with a child and indecent assault, and engaging in an act of indecency with a child under the age of 16.

The 35-year old was granted strict conditional bail in Manly Local Court the same day. He resigned from his position despite vehemently denying the allegations, saying in a statement:

“The nature of the charges against me are such that I will be unable to continue to fully represent my community in parliament.

“The people of Pittwater should have a representative who can dedicate one hundred per cent of their time advocating for this wonderful community.

“As I defend myself against these charges, I will not be able to devote my full energy to representing them.”

He is entitled to be presumed innocent until and unless a court of law decides otherwise.

The leader of the New South Wales opposition, Mark Speakman, says he requested Mr Amon’s resignation due to the seriousness of the allegations.

“Mr Rory Amon is facing incredibly serious allegations. The alleged conduct strikes at the core of the standards expected of Members of Parliament. As soon as I heard about these accusations, I requested and got Mr. Amon’s resignation from the Liberal Party”, Mr Speakman stated.

“Mr Amon has the right to the presumption of innocence, but a criminal trial won’t happen for some time. In the interim, Pittwater residents need a Member of Parliament who can properly carry out their responsibilities in the town”, Speakman emphasised.

According to police, the charges followed an investigation into alleged sexual offences that occurred in July 2017 on Sydney’s Northern Beaches.

The offence of sexual intercourse with a child aged between 10 and 14 years in NSW

Sexual intercourse with a child aged between 10 and 14 years is an offence under section 66C(1) of the Crimes Act 1900 which carries a maximum penalty of 16 years in prison.

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

1. Had sexual intercourse with a child aged at least 10 but less than 14 years of age, and
2. Knew or were reckless as to whether the child was that age, or had no reasonable grounds to believe the child was that age.

The defendant is entitled to an acquittal if the prosecution is unable to prove either of these ‘essential elements’.

What is sexual intercourse?

‘Sexual intercourse’ is defined by the law as:

1. The penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person, or
2. The introduction of a penis into the mouth of another person, or
3. Cunnilingus, or
4. The continuation of any of these activities.

When is a person reckless?

A person is ‘reckless’ if he or she was aware the person might be under the age of 14 years but went ahead with the sexual intercourse regardless.

What are the legal defences to the charge?

A defence to the specific charge is where the conduct occurred solely for a medical or hygienic purpose, such as during a legitimately required medical procedure.

General legal defences include duress, necessity, mental illness and self-defence.

In the event the defendant is able to raise evidence of a general legal defence, the onus then shifts to the prosecution to prove the defence does not apply to the circumstances of the case.

What penalty could a person who is convicted of the offence expect?

The offence of sexual intercourse with a child aged between 10 and 14 years carries what is known as a ‘standard non parole period’ (SNPP) of 9 years in prison.

An SNPP is a reference point or guidepost for a sentencing judge who is deciding how long a person should have to spend in prison before being eligible to apply for release on parole.

In terms of actual sentences handed-down by the courts, the Judicial Commission of New South Wales has published figures which suggest the median full term of imprisonment is 6 years and the median non-parole period is 4 years.

The breakdown of penalty types is as follows:

Going to court for a sexual offence?

If you have been accused of a sexual offence, it is important to engage specialist criminal defence lawyers who understand the importance of the presumption of innocence, are able to empathise with your situation, are vastly experienced in defending these cases and have a proven track record of exceptional outcomes.

The specialist defence team at Sydney Criminal Lawyers have an outstanding track record of defending and defeating allegations of sexual offences.

So, call our team today on (02) 9261 8881 and get Australia’s best defence team on your side.