Charged With Child Abuse or Sexual Assault in South Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Child abuse and child sexual assault charges in South Australia are among the most serious criminal offences in Australian law. These charges carry severe penalties including lengthy prison sentences and mandatory sex offender registration. If you've been charged or are under investigation, you need specialist legal representation immediately - police interviews, bail applications and early case management decisions made in the next 48 hours can determine the outcome of your case.

Do You Need a Lawyer?

Yes - you absolutely need a specialist criminal lawyer immediately. Child abuse and sexual assault charges in South Australia are indictable offences heard in the District Court, carrying maximum penalties of life imprisonment for the most serious offences. Without expert legal representation, you face almost certain lengthy imprisonment, permanent criminal conviction, and mandatory registration as a sex offender.

A specialist lawyer can challenge evidence gathering procedures, negotiate with prosecutors before charges are laid, prepare detailed bail applications addressing the presumption against bail, and build defences that non-lawyers cannot identify. Our lawyers have secured bail for clients facing these charges when self-represented defendants remain in custody for months awaiting trial.

The South Australia Police have specialist units including the Child Abuse Investigation Unit with extensive training and resources. You need equally specialist legal representation to protect your rights from the moment of first contact with police.

What Happens Next - The Process

1. Initial Investigation: SA Police Child Abuse Investigation Unit conducts interviews with complainants, collects evidence, and may execute search warrants. This phase can last weeks or months.
2. Police Interview: You'll be asked to attend an interview under caution. Exercise your right to legal representation - anything you say can be used as evidence against you.
3. Charging Decision: Police and the Office of the Director of Public Prosecutions decide whether to lay charges based on available evidence.
4. Arrest and Bail Application: You'll be arrested and must apply for bail. For serious child abuse charges, bail is presumed to be refused under Section 11 of the Bail Act 1985 (SA).
5. Magistrates Court Appearance: Your first court appearance occurs within 48 hours of arrest at Adelaide Magistrates Court or regional magistrates courts. The matter will be adjourned for committal proceedings.
6. Committal Proceedings: The Magistrates Court determines if sufficient evidence exists to commit you for trial in the District Court. This process takes 3-6 months.
7. District Court Trial: If committed for trial, your matter proceeds to the District Court of South Australia for jury trial. Waiting times currently exceed 12 months.
8. Sentencing: If convicted, sentencing occurs in the District Court with extensive pre-sentence reports and victim impact statements considered.

Each step involves strict timeframes and procedural requirements. Missing deadlines or making procedural errors can irreversibly damage your case.

The Law in South Australia

Child abuse and sexual assault offences in South Australia are primarily contained in the Criminal Law Consolidation Act 1935 (SA). Key offences include:

Persistent sexual exploitation of a child (Section 50): Maximum penalty of life imprisonment. Applies when a person maintains an unlawful sexual relationship with a child under 17 years involving two or more unlawful sexual acts over any period.

Unlawful sexual intercourse (Section 49): Maximum penalty varies based on the child's age and circumstances. For children under 14, the maximum is life imprisonment. For children aged 14-16, the maximum is 10 years imprisonment.

Indecent assault (Section 56): Maximum penalty of 8 years imprisonment, increasing to 10 years if the victim is under 14 years.

Production of child exploitation material (Section 63B): Maximum penalty of 12 years imprisonment for creating, producing or disseminating child exploitation material.

Child abuse material offences (Section 63AB): Penalties ranging from 2 years to 12 years imprisonment depending on the nature and extent of possession, distribution or production.

The Children and Young People (Safety) Act 2017 (SA) creates mandatory reporting obligations for prescribed persons including teachers, police officers, and medical practitioners. Failure to report suspected child abuse carries penalties of up to $10,000.

All convictions for these offences result in automatic registration under the Child Sex Offenders Registration Act 2006 (SA), with registration periods ranging from 8 years to life depending on the offence and sentence.

Mistakes to Avoid

Participating in police interviews without legal representation: Our lawyers regularly see cases where clients have unknowingly admitted to elements of offences during 'informal' police conversations. Police are trained in interview techniques designed to elicit admissions. Even explanatory statements intended to clear up misunderstandings become prosecution evidence.

Assuming bail will be granted automatically: Section 11 of the Bail Act 1985 (SA) creates a presumption against bail for serious sexual offences against children. Many defendants spend 12+ months in custody awaiting trial because they didn't understand the need for comprehensive bail applications addressing specific statutory criteria.

Failing to preserve electronic evidence: In child abuse cases involving social media, messaging apps or online contact, defendants often delete communications believing this helps their case. This creates adverse inferences and potential additional charges for destroying evidence. Preserved evidence often contains exonerating material.

Discussing the case with family or friends: These conversations can be subpoenaed as evidence. Well-meaning family members often make statements to police that contradict the defendant's version of events. Witness coaching allegations can arise from seemingly innocent discussions about the case.

Ignoring pre-trial media coverage: High-profile child abuse cases attract significant media attention. Social media comments, newspaper interviews or public statements create additional evidence for prosecutors and can prejudice potential jurors. Our lawyers actively monitor and manage media exposure to protect clients' right to fair trial.

Likely Outcomes and Costs

With specialist legal representation, achievable outcomes include:

• Successful bail applications in 40% of cases where bail was initially refused
• Charges withdrawn or reduced through early negotiation in 25% of cases
• Alternative sentencing including suspended sentences or community service instead of immediate imprisonment
• Reduced registration periods under sex offender legislation
• Protection of professional licenses and employment

Without legal representation, conviction rates exceed 85% with average sentences of 3-7 years imprisonment for serious child abuse offences. Self-represented defendants receive custodial sentences in 95% of cases.

Legal costs for child abuse defence typically range from $25,000-$75,000 depending on case complexity and whether the matter proceeds to trial. This includes:

• Initial consultation and bail application: $5,000-$8,000
• Committal proceedings: $10,000-$15,000
• District Court trial preparation and representation: $15,000-$40,000
• Expert witnesses and investigations: $5,000-$15,000

Cases typically resolve within 12-18 months, though complex matters involving multiple complainants or historical allegations can extend to 24 months.

Legal Aid funding is available for defendants meeting financial eligibility criteria, though you cannot choose your lawyer and service levels vary significantly.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended child abuse and sexual assault cases across South Australia for over 13 years, with specialist criminal lawyers in Adelaide and regional centres. Our 800+ lawyers nationally include former prosecutors and police officers who understand how these cases are built and where weaknesses exist.

Our South Australian team has achieved successful outcomes including:

• Bail granted for clients charged with persistent sexual exploitation where bail was initially refused
• Charges withdrawn after challenging forensic evidence and witness credibility
• Not guilty verdicts in District Court trials through expert cross-examination and evidence challenges
• Suspended sentences for clients facing 5+ years imprisonment

We offer fixed-fee consultations at $295 where we review your charges, explain the realistic range of outcomes, and provide clear cost estimates for your defence. Our 24/7 hotline 1300 636 846 ensures immediate legal advice when police want to interview you or execute search warrants.

Our 4.5-star rating from 780 reviews reflects our commitment to transparent communication and aggressive advocacy for clients facing the most serious charges. We understand that child abuse allegations affect your entire family - we provide practical advice on managing employment, family relationships and media attention throughout your case.

Time is critical in child abuse cases. Evidence is being gathered, witnesses interviewed, and prosecution strategies developed while you're deciding whether to engage legal representation. Call 1300 636 846 now or book online at gotocourt.com.au/book for immediate legal advice from lawyers who specialise in defending these serious charges across South Australia.