Teenager Charged with Sexual Assault avoids conviction & child sex offender register

An 18 year old man contacted our office while in custody, charged with sexual assault without consent of a child. At the time of the offence, our client was 17 years old and as a result, his matter was listed in the Children’s Court of NSW. The victim at the time was 15 years old. Following successful negotiations with the Director of Public Prosecutions, the charges were downgraded to “Sexual intercourse with a child between 14-16 years. This is still considered a very serious criminal offence. However, it is considered less serious than sexual assault without consent.

On sentencing, we made compelling submissions to the Magistrate in relation to the subjective circumstances of the case, as well as the objective seriousness and the effects that a conviction would have on our client at such an early stage of his life. As the client was also at risk of being added to the Child Sex Offender Register, which would have devastating effects on our client’s life and future, we were required to compel the Court to make a declaration that our client should not be considered a registerable person.

Following submissions, and the review of the subjective material tendered in support of our client, the Magistrate agreed with our submissions and did not record a conviction on our client’s record, and further to that, made a declaration that our client was not a registerable person. Our client is subject to probation for a period of 18 months with supervision, but otherwise has a bright future ahead of him.