Disgraced former NSW Minister charged over historical sex allegations dating back to the 1990’s
Disgraced former NSW Labor minister Milton Orkopoulos has been charged with historical child sex offences over the sexual abuse of two boys in the 1990s. He has been charged with fifteen offences, including aggravated indecent assault with a person under 16 years of age, committing an act of indecency with a person under 16 years, aggravated sexual assault, and causing a child aged under 14 to participate in child prostitution.
Orkopoulos, a convicted sex offender, had previously spent eleven years in jail after he was sentenced for child sex, child pornography and drug offences in 2008. After being released on parole in December 2019, he was later charged for failing to meet his reporting obligations under the Child Protection (Offenders Registration) Act and refused bail. He has been in custody at Long Bay prison ever since. Orkopoulos recently appeared at Newcastle Local Court over these new charges through online audio from Sydney’s Long Bay prison.
Police allege that Orkopoulos sexually and indecently assaulted two boys known to him on separate occasions at Lake Macquarie and on the NSW Mid North coast. The two new alleged victims are not part of Orkopoulos’ earlier conviction.
It is expected that the court will hear if Orkopoulos intends to defend the new charges and request mental health support in custody.
The law
Sexual assault on children
Sexual conduct towards children is illegal by several different laws in New South Wales. Child sex offences are extremely serious offences which carry significant penalties and consequences if a person is found guilty.
Child sex offences can include a range of charges including:
- Sexual assault
- Sexual intercourse with a child
- Child prostitution
- Child pornography
A previous article on our blog discussed the offence of sexual touching for children under 10 in New South Wales. Delving further into child sex offences, like Orkopoulos, any person can be charged with aggravated sexual assault under section 61J of the Crimes Act 1900 (“Crimes Act”) if the alleged victim is under the age of 16 years old. A person can be liable for this offence if:
- They had sexual intercourse without the consent of the other person, and
- In circumstances of aggravation, they know that the other person does not consent to the sexual intercourse
Due to the serious nature of these offences, a person charged with this offence can be facing imprisonment of up to 20 years.
Additionally, an adult who engages in persistent sexual abuse of a child faces the maximum penalty: imprisonment for life. In accordance with section 66EA of the Crimes Act, “persistent sexual abuse” only amounts to 2 or more unlawful sexual acts occurring in New South Wales.
Child prostitution
As previously mentioned, Orkopoulos was charged with causing a child aged under 14 to engage in child prostitution. It is an offence to promote or engage in acts of child prostitution according to section 91D of the Crimes Act. A person is liable to imprisonment for 10 years (or if the child is under the age of 14 years, to imprisonment for 14 years) if they:
- by any means, causes or induces a child to participate in an act of child prostitution, or
- participates as a client with a child in an act of child prostitution.
Sections 91E and 91F further ensure it is an offence if a person:
- Knowingly obtains any benefit from child prostitution. Benefits may include money or any other material benefit and does not include circumstances where there was a lawful exchange of goods
- Knowingly allows their premises, which their have lawful control over, to be used for child prostitution. This includes owners, lessees, licensees of occupiers of the premises. This excludes circumstances where the person did not know about the occurrence of child prostitution or took due diligence to prevent the child from participating in child prostitution.
Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on (02) 9920 1787 to discuss your matter with one of our experienced criminal lawyers today.
