This week, a Western Sydney teacher was arrested at Greenacre by detectives from the Child Abuse and Sex Crimes Squad. Monica Young, 23 years old, was arrested for allegedly committing sexual assault on multiple occasions on a 14-year-old schoolboy during the past month at the school and in her car.

It is alleged that she has been charged with 10 offences, being five counts of sexual intercourse with a child (s66C Crimes Act), aggravated sexual touching of a child between 10 and 16 years old (s66DB Crimes Act) and initiating sexual touching, and performing of sexual acts with a child (s66DE Crimes Act). It is unclear if there will be further charges of persistent sexual abuse of a child under s66E Crimes Act.

Sexual Intercourse – Child 10-16 years old

This offence carries a maximum penalty of 10 years, but if there are aggravating circumstances, the maximum penalty increases to a maximum of 12 years imprisonment (ss66C(3), (4) Crimes Act).

The prosecution must prove beyond reasonable doubt that sexual intercourse between the adult and the child occurred. The child must be between 10 and 16 years of age.

“Sexual intercourse” defined under s61HA Crimes Act, means a sexual connection via penetration to any extend of genitalia of a female person or the anus of a person by any body part of object, sexual connection via introduction of any part of the penis into the mouth of another person, cunnilingus or the continuation of sexual intercourse where the person has not consented.

If the Court finds Ms Young guilty of the offences charged, there is an aggravating circumstance, as she was in a position of authority over the alleged victim (s66C(5)(d) Crimes Act).

Child sexual assault is covered in this article.

Sexual Touching – Child 10-16 years old

Sexual touching under s66DB has a maximum penalty of 10 years imprisonment. The prosecution must prove beyond reasonable doubt that the person intentionally sexually touched the child, incited someone else to sexually touch the child, incites the child to touch other persons or the offender (s66DB Crimes Act). The elements and requirements of this offence is further explored in this Sexual Touching Article, and Sexual Abuse by Primary School Teacher.

Sexual Act – Child between 10-16 years old

This offence carries a maximum of 2 years imprisonment(s66DD Crimes Act), however, if the Court finds that there are aggravating circumstances, the maximum penalty increases to 5 years imprisonment (s66DE Crimes Act).

The prosecution must prove beyond reasonable doubt that the defendant committed a sexual act with a child between the ages of 10 and 16 years. “Sexual Act” is defined as an act, other than sexual touching, that in the circumstances is considered to be sexual (s61HC(1) Crimes Act). The Court will consider the area touched, whether the person touched for the purposes of sexual arousal or gratification, or whether there was any other aspects which makes it sexual (s61HC(2) Crimes Act). However, there is a defence of touching for medical or hygienic purposes which do not constitute a sexual act (s61HC(3) Crimes Act).

If the Court finds Ms Young guilty of the offences charged Ms Young, there is an element of aggravation, which is that the alleged victim was under her authority as she was a teacher in the school. Therefore, it is likely that she would be charged under s66DE Crimes Act.

Persistent sexual abuse of a child

This offence carries a maximum penalty of life imprisonment(s66EA(1) Crimes Act).

The prosecution must prove beyond reasonable doubt that the defendant maintained an unlawful sexual relationship with a child (s66EA Crimes Act).

An “unlawful sexual relationship” is defined as a relationship where an adult engages in two or more unlawful sexual acts towards the child over any period (s66EA(2) Crimes Act). An “unlawful sexual act” constitutes a range of sexual offences on children including all of the offences discussed above (s66EA(15) Crimes Act).

It is likely, that should the prosecution prove beyond reasonable doubt that at least two of the above offences at trial, the offence of persistent sexual abuse of a child will be proven.

If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court , Mt Druitt Local Court , Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown 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 in a confidential manner.

This above information is intended as general information and is not intended to be relied on as legal advice.