P Parkinson et al, “Prosecutorial discretion in cases of persistent child sexual abuse” (2026) 48 Sydney LR 1.

This article examines the operation of laws that make it an offence to maintain an “unlawful sexual relationship” with a child or young person in NSW, Queensland, and South Australia. Drawing on prosecutor interviews, a sample of case file analyses, and conviction data, it identifies three distinct approaches to prosecutorial discretion. These approaches help explain the different levels of usage of the charge between NSW and the other two jurisdictions.