Sexual Assault – Charges Dropped

Sexual Assault Charges Dropped in NSW

At George Sten & Co Criminal Lawyers, we are experts in sexual assault charges. Our lawyers only practice criminal law, which means that they have a high level of knowledge and experience dealing with all types of criminal offences, especially sexual assault. Sexual assault is a very serious offence that can be penalised with long terms of imprisonment. This is why it is important that you speak to one of the criminal lawyers at George Sten & Co immediately.

If you need an urgent bail application talk to our bail lawyers 24 hours a day on 0412 423 569. Weekend Bail Applications available.

If you are looking for the highest quality legal defence, then look no further. The lawyers at George Sten & Co will work with you to build a solid and legally sound defence. Speak to one of our helpful lawyers on (02) 9261 8640 or email georgesten@criminal-lawyer.com.au. We also have a dedicated 24 hour line for matter which are urgent in nature. If you have been accused of, or charged with a sexual assault offence and it is out of regular business hours, call us on 0412 423 569.

Sexual Assault- Case Facts

Our client was arrested and charged with 2 counts of sexual assault. It was alleged that he sexually assaulted his neighbour while she was asleep on two separate occasions. The complainant claimed that she had noticed our client ‘checking her out’ on several occasions and when she briefly awoke during the assaults, she recognized the perpetrator as him. Our client was adamant that he was innocent and that he had never sexually assaulted the complainant.

The prosecution presented their case and we were able to pinpoint the biggest weakness in the case. On the two dates that they claimed our client assaulted the complainant, he was actually interstate on business. We gathered and presented a brief of evidence including plane tickets, credit card statements and receipts for the hotel and meals. We also had his business partner appear as a witness as the business partner was on the same trip as our client.

Sexual Assault- The Law

There are several sexual assault offences defined by legislation. The standard offence criminalizing sexual assault comes under Section 61I of the Crime Act 1900 (NSW). It states the following:

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.

There are 3 distinct elements that the prosecution must prove to convict the accused person with sexual assault. These are:

  1. That there was sexual intercourse; and
  2. That the Complainant did not consent to the sexual intercourse; and
  3. That the Accused knew that the Complainant did not consent to the sexual intercourse.
Sexual Assault Aggravated Offences

If the alleged sexual assault occurred in circumstances of aggravation, then you may be charged with aggravated sexual assault under section 61J of the Crimes Act 1900 (NSW).

Circumstances of aggravation include circumstances such as the following:

  • The alleged offender is in company with another person or persons; or
  • The alleged victim is under the age of 16; or
  • The alleged victim is under the authority of the alleged offender; or
  • The alleged victim has a cognitive impairment.

Sexual Assault- Likely Penalty

If you are found guilty of sexual assault offence under section 61I of the legislation, then you may be imprisoned for up to 14 years. If this offence was committed on or after 1 February 2003, then a standard non-parole period of 7 years will apply.

A non-parole period means that during a part of the term of imprisonment (in this case, being the 7 year period), a person cannot be released on parole.

The offence of aggravated sexual assault has a more

Sexual Assault Charges- Our Results

Our client instructed us to stick with our defence, being innocence. He was absolutely confident that he did not commit the offence, as he was interstate when it was alleged that he did.

We used our brief of evidence and corroboration by the witness to present to the court that there was no way that our client could have committed the offence. This meant that the prosecution was not able to prove that there was sexual intercourse. This is the necessary first element for proving that, beyond reasonable doubt, a sexual assault occurred.

Once we presented our evidence supporting the fact that our client was interstate at the time that the offence occurred, the jury promptly acquitted him of the charges. He was able to walk away from the courtroom with no charges and hence no punishments. Our client was extremely grateful that we were able to help him prove his innocence, allowing him to continue living his life.

At George Sten & Co, our criminal lawyers are dedicated to achieving the best possible outcome for their clients and we have a proven record of successfully achieving this. We understand that each person comes from a diverse background and has a different level of understanding of the law. That is why our lawyers will explain your legal situation to you in easy to understand, plain English. We also want you to know exactly where you stand at each stage of your case, so we will keep you updated as your case progresses.

If you have been accused or charged with sexual assault and you are looking for accurate legal advice and assistance, you should call George Sten & Co Criminal Lawyers. To ensure that you have the best legal team on your side, you should contact George Sten & Co Criminal Lawyers now. We will provide you with accurate legal advice and support you throughout your case. Call us on (02) 9261 8640 or email us at georgesten@criminal-lawyer.com.au. If you require urgent legal advice out of regular business hours, call our 24 hour, 7 day a week phone line on 0412 423 569.

Sexual Assault Charges