Criminal Lawyers for Sexual Assault Charges in Sydney

Accused of Sexual Assault? We Can Help.

Are you facing sexual assault charges in New South Wales?

Sexual assault is one of the most serious charges under the Crimes Act 1900 (NSW). If you are facing allegations of sexual assault, it’s essential to have expert legal representation. At Kingston Fox Lawyers, we understand the complex nature of these cases, as well as the serious consequences that a conviction can bring, including lengthy terms of imprisonment.

Our dedicated team, with over 40 years of combined experience, including time as former prosecutors, will provide you with the strategic legal advice you need. We are committed to giving you a robust defence and ensuring that your rights are protected throughout the legal process.

Contact us today to discuss your case and receive personalised legal advice.

What is Sexual Assault?

Sexual assault is an offence under section 61I of the Crimes Act 1900 (NSW) and involves having sexual intercourse with another person without their consent. “Sexual intercourse” is defined broadly and includes:

Penetration to any extent of the vagina or anus with any body part or object.
Oral sex, whether that is any part of the genitalia of a person into the mouth of another person or the application of the mouth or tongue to the female genitalia.
the continuation of sexual intercourse.

The prosecution must prove that:

Sexual intercourse occurred.
The act was without the consent of the other person.
The accused knew that the other person was not consenting or was reckless as to whether the person was consenting.

If you’re facing sexual assault charges, it’s important to seek legal advice as early as possible in order for a directed strategic approach to be taken.

Consent and Sexual Assault

The law about consent for sexual assault cases has evolved in recent years, with the introduction of affirmative consent standards, making these cases more complex. In NSW, for a sexual assault conviction, the prosecution must prove that the accused knew the other person was not consenting. This can be demonstrated in several ways:

The accused had actual knowledge that the other person was not consenting.
The accused was reckless as to whether the other person was consenting.
The accused believed the other person was consenting, but that belief was unreasonable under the circumstances.

Under the current law, consent must be actively given—mere assumptions of consent are not enough. This means that both parties must take steps to ensure clear, mutual consent. If there is any uncertainty around consent, it is important to have an experienced legal team that can carefully assess the evidence and develop a strong defence.

Penalties for Sexual Assault

Sexual assault is a serious criminal offence, and the penalties reflect its gravity. The maximum penalty is 14 years’ imprisonment, with a standard non-parole period of 7 years. The consequences of a conviction extend far beyond legal penalties, affecting an individual’s future, reputation, and personal life. At Kingston Fox Lawyers, we understand these implications and will work tirelessly to develop the best strategic defence for you.

Meet the Team Behind Your Defence

Alexandra Sarmed

BA LLB, Partner

Phone: 0455 039 707

Erin Hoile

BA LLB LLM, Partner

Phone: 0455 039 660

Philippa Rich

BA LLB, Associate

Phone: 0402 055 552

Shane Arie

LLB, Solicitor

Phone: 0455 039 112

Ben Key

Law Clerk

Phone: 0457 781 133

The Kingston Fox Difference

Why Choose Kingston
Fox Lawyers?

At Kingston Fox Lawyers, we are more than just your legal representatives—we are
your partners in navigating the challenges ahead. What sets us apart is our deep commitment to providing a tailor-made, personalised service, backed by over
40 years of combined experience in criminal law.

Our team, which includes former prosecutors, brings unparalleled expertise and a strategic advantage to your defence.

We pride ourselves on our supportive, client-focused approach. Clients often share how much more at ease they feel after speaking with us, reassured by our understanding and straightforward advice. We focus not just on the legal challenges but on your future, ensuring that you can move forward with confidence and peace of mind.

Hear it from our satisfied clients

“A difficult matter that was resolved in my favour”

“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”

A.C

“Frank, understanding, hardworking, and knowledgeable”

“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”

S.D

“Sympathetic and extremely reassuring”

“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”

B.F

Frequently Asked Questions

What does consent mean in the context of sexual assault?

In NSW, consent is defined as a person’s free and voluntary agreement to engage in sexual activity. The law makes it clear that consent cannot be given if a person is:

Coerced or threatened.
Asleep or unconscious.
Substantially intoxicated by drugs or alcohol.
Unable to understand the nature of the act due to cognitive impairment or other factors.
Not able to consent because of their age - that is where the complainant is below the legal age of consent.

Additionally, silence or lack of resistance does not automatically imply consent. Consent must be given clearly, and the law has recently evolved to require affirmative consent, meaning that both parties must actively agree to participate ( and continue) in the sexual activity.

If the accused believed the other person was consenting, the prosecution must show that this belief was unreasonable in the circumstances. This can be a critical point in defending sexual assault charges.

What should I do if I am charged with sexual assault?

If you are charged with sexual assault, it is crucial to take immediate action to protect your rights:

Seek legal representation: Before speaking to police or providing a statement, consult with an experienced criminal lawyer. Anything you say can be used as evidence in court, so it is vital to have legal guidance from the outset.
Do not make admissions or statements: Avoid discussing the case with anyone other than your lawyer. Statements made to friends, family, or colleagues can inadvertently harm your defence.
Gather evidence: If you have any relevant evidence, such as text messages, emails, or social media interactions that could support your version of events, share these with your lawyer as soon as possible.

Kingston Fox Lawyers can help you understand the charges, assess the evidence, and build a robust defence to protect your rights and your future.

How are sexual assault charges defended?

Sexual assault charges can sometimes be reduced or dismissed, depending on the circumstances and the strength of the evidence. Several factors can influence this, such as:

Challenging the evidence: Your lawyer may challenge the credibility of the complainant’s testimony, forensic evidence, or other elements of the prosecution’s case.
Consent: If there is evidence that the complainant consented, or if you had a reasonable belief that consent was given, this can form a strong defence.
Negotiations with the prosecution: When appropriate, Kingston Fox Lawyers may engage in negotiations with the prosecution to seek a fair outcome, especially if the Crown case has substantial weaknesses.

Every case is unique, and Kingston Fox Lawyers will work with you to understand your situation fully, exploring all possible avenues to develop a strategic and strong defence.

How does the prosecution prove sexual assault?

To be found guilty of sexual assault, the prosecution must prove beyond a reasonable doubt the following elements:

1. Sexual intercourse took place, as defined by the law.
2. The complainant did not consent to the sexual activity.
3. The accused either:
  - Knew the complainant was not consenting.
  - Was reckless about whether the complainant was consenting.
  - Held an unreasonable belief that the complainant was consenting.

The prosecution will rely on various types of evidence, including:

Evidence from the complainant and other witnesses.
Medical or forensic evidence.
Digital evidence such as text messages, social media interactions, or phone records.

How does sex offender registration work in NSW?

If convicted of sexual assault, you will likely be placed on the NSW Child Protection Register. This registration can significantly affect your life, including:

Employment restrictions: You may be prohibited from working in certain industries, particularly those involving children or vulnerable individuals.
Travel limitations: Registration may restrict your ability to travel internationally, and some countries may deny entry to individuals on a sex offender registry.
Ongoing supervision: You may be subject to regular reporting requirements, curfews, or other supervision conditions.

The length of registration and the specific conditions imposed will depend on the severity of the offence and other factors. Kingston Fox Lawyers can help you understand these implications and work to minimise the long-term impact of registration.

What defences are available for sexual assault charges?

everal defences can be raised against sexual assault charges, depending on the circumstances of the case. Common defences include:

Consent: Arguing that the complainant willingly participated in the sexual activity, or that the accused had a reasonable belief that the complainant consented.
Mistaken identity: In some cases, it may be possible to argue that the accused was not the person who committed the act.
False accusations: If the accusation is motivated by malice, revenge, or misunderstanding, your lawyer can work to expose these factors in court.
Challenging the evidence: Your lawyer may challenge the reliability of the complainant’s testimony, forensic evidence, or digital communications.

Kingston Fox Lawyers will assess your case and work with you to determine the most effective defence strategy based on the available evidence.