Defining Grooming for Unlawful Sexual Activity

In New South Wales (NSW), grooming is legally defined as an adult engaging in conduct with a child with the intention of making it easier to procure that child for unlawful sexual activity. This definition is outlined in section 66EB(3) of the Crimes Act 1900 (NSW). The intention behind the conduct is crucial; it must be to facilitate the procurement of the child for sexual acts.

The law specifies that “conduct” can take various forms. As defined in the Criminal Code, “conduct” can mean an act, an omission to perform an act, or a state of affairs. Grooming behaviour is not limited to physical actions and includes different types of communication and provision of certain materials. These include:

• Communication: This can be in person, over the phone, online, or through any other means of communication. The method of communication is not restricted, encompassing any interaction between the adult and the child.
  
• Providing indecent material: This involves exposing a child to computer images, videos, publications, or any other form of indecent material. Sharing such material is considered grooming conduct when done with the intention to procure the child for unlawful sexual activity.
  
• Providing an intoxicating substance: Giving a child alcohol or drugs or any substance that could impair their senses or understanding also constitutes grooming conduct. This action is seen as a way to lower the child’s inhibitions and make them more susceptible to sexual exploitation.
  
• Providing financial or material benefits: Offering a child money, gifts, or other material advantages can also be considered grooming if done with the intention of making it easier to procure the child for unlawful sexual activity. These inducements can be used to build trust and manipulate the child.
  

It is important to note that the unlawful sexual activity does not have to be with the person engaging in the grooming behaviour. The grooming offence is concerned with conduct intended to make the child easier to procure for sexual activity with anyone.

In NSW, the Crimes Act 1900 (NSW) outlines penalties for the offence of grooming a child for unlawful sexual activity. The maximum penalty for the offence of grooming a child is determined by the age of the child. If the grooming offence involves a child under 14 years of age, the maximum term of imprisonment is 12 years. In any other case of grooming, where the child is at least 14 years old but under 16, the maximum imprisonment is 10 years.

It is important to note that grooming offences can be heard in the Local Court or the District Court. If a matter is dealt with in the Local Court, the magistrate’s sentencing power is capped at a maximum of 2 years imprisonment. However, in cases of higher objective seriousness or involving repeat offenders, the prosecutor can elect to have the grooming charge heard in the District Court.

In addition to grooming, the Crimes Act 1900 (NSW) also sets out penalties for the offences of procuring a child for unlawful sexual activity and meeting a child after grooming. The maximum penalties for these offences also vary based on the age of the child.

The penalties are as follows:

• Procuring a child for unlawful sexual activity: If the child is under 14 years of age, the maximum penalty is 15 years imprisonment. For cases involving a child who is at least 14 years old, the maximum imprisonment is 12 years.
  
• Meeting a child after grooming: Similar to procuring, meeting a child after grooming attracts a maximum penalty of 15 years imprisonment if the child is under 14 years old. If the child is at least 14 years old, the maximum imprisonment is 12 years.

These penalties highlight the seriousness with which the law in NSW views offences related to child grooming and procurement, aiming to protect children from sexual abuse and exploitation.

To secure a conviction for a grooming charge in NSW, the prosecution must prove several elements beyond reasonable doubt. These elements are outlined in section 66EB(3) of the Crimes Act 1900 (NSW). If any of these elements cannot be proven beyond reasonable doubt, the accused person will not be found guilty of the grooming offence.

The prosecution must prove the following elements:

• Conduct: The accused person engaged in conduct. The forms of conduct and what it include have been covered earlier.
  
• Intention: The accused person acted with the intention of making it easier to procure the child for unlawful sexual activity. This means the prosecution must demonstrate that the accused’s actions were taken with the specific goal of facilitating the procurement of the child for sexual purposes.
  
• Age of the Child: The child was under 16 years of age at the time the conduct occurred. The law in NSW considers anyone under the age of 16 to be a child for the purposes of grooming offences.

In cases where an accused person is charged with meeting a child after grooming, the prosecution must also prove specific elements beyond reasonable doubt to secure a conviction. These elements are distinct from the elements required to prove the initial grooming offence itself. The offence of meeting a child after grooming is covered under section 66EB(2A) of the Crimes Act 1900 (NSW).

To prove this offence, the prosecution must establish the following elements:

• Grooming Conduct: The accused person must have previously engaged in conduct that constitutes grooming. This involves actions like exposing a child to indecent material.
  
• Meeting or Travel to Meet: After the grooming conduct, the accused person met with the child or travelled with the intention of meeting the child. This element focuses on the physical meeting between the accused and the child after the grooming has taken place.
  
• Intention to Procure: The accused person met or travelled to meet the child with the intention of procuring the child for unlawful sexual activity. The intention must be to ultimately procure the child for sexual activity, highlighting the predatory nature of the meeting.
  
• Age of the Child: The child was under 16 years of age at the time of the meeting. As with the grooming offence, the child’s age is a critical factor, with the law protecting individuals under 16.

One potential legal defence to a child grooming charge in NSW is if the accused person held an honest and reasonable belief that the child was not under the age of 16 years. For this defence to be successful, the court must accept that the accused person’s belief was genuinely held and reasonable in the given circumstances. If the court finds that the belief was unreasonable, then this defence will not be valid.

Another defence against a grooming charge is to argue a lack of intention to procure the child for unlawful sexual activity. For a charge of procuring a child, the accused person will be found not guilty if they did not have the intention to procure the child for unlawful sexual activity. This defence focuses on the element of intent, which the prosecution must prove beyond reasonable doubt. If it can be shown that the accused’s actions were not intended to make it easier to procure the child for unlawful sexual activity, this defence may apply.

Mental Illness Defence

The mental illness defence is also available in child grooming cases. This defence applies if the accused person was unaware of the wrongfulness of their actions or could not control their conduct due to a medical condition. This condition must be a mental illness that made their actions involuntary.

Case Examples of Child Grooming Charges

Case of Graham Cook

Graham Cook, a 61-year-old male, was arrested on 15 February 2024 and accused of grooming a person he believed to be a 14-year-old boy from the United Kingdom. The Australian Federal Police (AFP) alleged that Cook initiated “grossly explicit communication” with the teenager and groomed him for sexual activity. It was also alleged that he transmitted child abuse material. Social media was reportedly used by Cook to engage in these conversations, which turned out to be part of an undercover AFP operation.

At the time of his arrest, Cook was already on the Child Protection Register and on parole until April 2025 for a similar offence. The arrest resulted from an investigation by the AFP-led Australian Centre to Counter Child Exploitation (ACCCE), which received a report from the United Kingdom regarding an investigation into an Australian man. Cook was charged with using a carriage service to prepare or plan to cause harm or engage in sexual activity with a person under 16 years of age, using a carriage service to transmit child abuse material, and failure to comply with reporting obligations. Bail was denied in Wollongong Local Court due to concerns about the risk of reoffending.

Senior Constable Dean Perkins, a 43-year-old officer stationed at Mt. Druitt Police Station, was arrested and charged with multiple alleged child sex offences. These offences reportedly occurred over a ten-year period from 2007 to 2018 in Sydney’s West. Perkins, who had served as a police officer for 16 years, was suspended from the police force following his arrest.

The charges against Senior Constable Perkins included sexual intercourse with a child aged 10-14, grooming a child under 14, attempt to have sexual intercourse with a child under 10, aggravated indecent assault, and aggravated act of indecency. Bail was refused when Perkins appeared at Penrith Local Court, with the Magistrate noting the prosecution case appeared stronger than the defence argument. Interestingly, during his career, Perkins had lectured on cyberbullying in schools across Sydney’s West, providing advice on preventing harm.

Child grooming is a serious offence under the Crimes Act 1900 (NSW), carrying significant penalties, including lengthy terms of imprisonment if the child is under the age of 16. NSW law takes a strong stance against child abuse and child sex offences, as evidenced by the penalties for grooming a child and related offences such as procuring a child for unlawful sexual activity and meeting a child after grooming. Understanding the definition of grooming, the types of conduct that constitute this offence, and the elements the prosecution must prove beyond reasonable doubt is crucial for both victims and anyone accused of a grooming charge.

Given the complexities of criminal law and the severe penalties for child grooming offences in NSW, it is essential to seek professional legal advice if you or someone you know is affected by these issues. For unparalleled expertise and guidance in navigating child sex offences and grooming charges, contact Daoud Legal today to discuss your situation and explore your legal options.