Criminal Lawyers for Sexual Assault Charges

Sexual assault

Sexual assault is an offence under section 61I Crimes Act 1900 (NSW). The offence of sexual assault is having sexual intercourse with another person without their consent. The maximum penalty is 14 years imprisonment and there is a standard non-parole period of 7 years. Sexual intercourse is the penetration of the vagina or anus of another person using a body part or any object and includes oral sex. Our specialised team at Kingston Fox Lawyers can help.

Consent

The law has recently changed in relation to consent. The prosecution must prove that the accused person knew that the other person was not consenting. Actual knowledge is not the only way the prosecution can prove this. The prosecution can also rely on the accused person being reckless as to whether the other person was consenting or if the accused person had, or may have had a belief that the other person was consenting, but that belief was unreasonable in the circumstances.

Aggravated sexual assault

Aggravated sexual assault is an offence under section 61J of the Crimes Act 1900 (NSW) and has a maximum penalty of 20 years imprisonment. The standard non-parole period is 10 years imprisonment. Circumstances of aggravation means circumstances where:

  • the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

  • the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

  • the alleged offender is in the company of another person or persons, or

  • the alleged victim is under the age of 16 years, or

  • the alleged victim is under the authority of the alleged offender, or

  • the alleged victim has a serious physical disability, or

  • the alleged victim has a cognitive impairment, or

  • the alleged offender breaks and enters into any dwelling or other building with the intention of committing the offence or any other serious indictable offence, or

  • the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

Aggravated sexual assault in company is sexual intercourse with a person who does not consent, knowing that the person has not consented and while in the company of another person and at the time, immediately before or immediately after the commission of offence:

  • threatens to inflict actual bodily harm on the alleged victim or another person present or nearby, or

  • threatens to inflict actual bodily harm on the alleged victim or another person present or nearby by use of an offensive weapon, or

  • deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

The maximum penalty for this offence under section 61JA of the Crimes Act 1900 (NSW) is imprisonment for life with a standard non-parole period of 15 years imprisonment.

There are a number of other sexual offences including:

  • Aggravated sexual intercourse – child aged under 10 years

  • Aggravated sexual intercourse – child aged 10-14 years

  • Aggravated sexual intercourse – child aged under 16 years

  • Assault with intent to have sexual intercourse

  • Attempt sexual intercourse with child under 10 years

  • Sexual intercourse with child aged between 14 and 16 years

  • Sexual intercourse with child aged between 10 and 14 years

  • Sexual intercourse with child under 10 years

  • Sexual intercourse with child under special care

Sexual touching

In the Crimes Act, sexual touching means a person touches another person:

  • with any part of their body or with any else, or

  • through anything, including anything worn by the person doing the touching or by the person being touched,

    in circumstances where a reasonable person would consider the touching to be sexual.

In determining whether a reasonable person would consider the touching to be sexual includes

  • whether the area being touched or doing the touching is the person’s genital area, anal area or breasts

  • whether the person doing the touching is doing it to obtain sexual arousal or gratification, or

  • whether any aspect of the touching makes it sexual.

The offence of sexual touching is made out when a person, without the other person’s consent:

  • sexually touches another person

  • incites the other person to sexually touch the accused person

  • incites a third person to sexually touch the complainant

  • incites the complainant to sexually touch as third person.

The maximum penalty for this offence is imprisonment for 5 years.

Sexual acts

This offence is committed when a person who, without the consent of another person, intentionally:

  • carries out a sexual act with or towards the complainant

  • incites another person to carry out a sexual act with or towards the accused person

  • incites a third person to carry out a sexual act with or towards the complainant, or

  • incites the complainant to carry out a sexual act with or towards a third person.

The maximum penalty for this offence e its 18 months imprisonment. The aggravated offence is where the offence is committed in the company of others, where the complainant is under the accused person’s authority, where the complainant has a serious physical disability or a cognitive impairment.

Examples of sexual acts or aggravated sexual acts include:

  • Exposing your genitals in front of a child

  • Masturbating in a public place where people are present

  • Sending pictures of your genitals to another person

The maximum penalty us 5 years imprisonment where the victim is under 16 years of age and 3 years imprisonment where the victim is 16 years of age or older.

Sexual offences are very serious charges and it is very important to get thorough legal advice as early as possible.

Talk to us about a free initial meeting with one of our solicitors.