Sex Offences & Sexual Assault are taken very seriously by the courts. Severe penalties can apply, including imprisonment. If you are charged with any sexual offence, indecent assault, including sexual assault (commonly referred to as rape), and procuring for prostitution, it is strongly advised to obtain legal advice. George Sten & Co lawyers have over 50 years of experience in providing the highest quality defence available. Contact our criminal law experts on 9261 8640 or visit our Sydney CBD offices. We are also available 24 hours a day on 0412 423 569.
The Crimes Act 1900 enumerates various sexual offences against adults. All sexual offences against adults carry the penalty of imprisonment and most of these sexual offences are based on the non-existence of consent by the victim. If you are charged or accused with a sexual offence, sexual assault, indecent assault, historic sex offence or a child sex offence, you must contact Criminal Lawyers Sydney George Sten & Co. We have the best solicitors who are experts in the area of sexual offences and can advise you on how to win your case.
Let us take a look at some of the sexual offences against adults.
Section 61l of the Crimes Act provides that any person who has sexual intercourse with another person without the consent of the other is liable to the crime of sexual assault which is punishable by an imprisonment of fourteen (14) years.
If the sexual assault is committed with circumstances of aggravation, the penalty becomes higher and the perpetrator will be liable to imprisonment of twenty (20) years. Circumstances of aggravation include the inflicting or threatening to inflict actual or grievous bodily harm on the victim or any other person, the victim having a serious physical disability or cognitive impairment, and kidnapping among others.
Consent as an element of Sexual AssaultSection 61HE of the Crimes Act 1900 defines consent as a free and voluntary agreement to a sexual activity.
A person cannot give a valid consent to a sexual activity if he/she is not of legal age or because of cognitive incapacity, is unconscious or asleep, or gives consent because of threats or terror or is unlawfully detained.
Assault with intent to have sexual intercourse
Section 61K provides that a person, who with intent to have sexual intercourse with another person, commits an offence if they intentionally or recklessly inflict, or threaten to inflict, actual bodily harm on a person or a third person with or without an offensive weapon or instrument. The maximum penalty for this offence is imprisonment for twenty (20) years.
Sexual touching is defined under Section 61KC as an act committed by any person who without the consent of another sexually touches the victim, incites the victim to sexually touch the offender, incites a third person to sexually touch the victim, or incites the victim to sexually touch a third person. The maximum penalty for this offence is imprisonment for five (5) years.
The offence becomes an aggravated sexual touching if the offender is in company with another, the victim is under the authority of the offender, the victim has a serious physical or cognitive disability. The maximum penalty for this offence is imprisonment for seven (7) years.
Sexual act is defined under Section 61KE as an act committed by any person who without the consent of another carries out a sexual act with or towards the victim, incites the victim to carry out a sexual act with or towards the offender or a third person or incites a third person to carry out a sexual act with or towards the victim. The maximum penalty for this offence is imprisonment for eighteen (18) months.
Similar to aggravated sexual touching, the offence becomes an aggravated sexual act if the offender is in company with another, the victim is under the authority of the offender, or the victim has a serious physical or cognitive disability. The maximum penalty for this offence is imprisonment for three (3) years.
Having been equipped with the various sexual offences under the NSW legislation, you ought to find the balance between the rights of the victim and the accused. Knowledge of the law is not sufficient but a deeper understanding of the law can help you can find the balance and guard your rights from unscrupulous accusations.
Sexual offences have serious legal implications so it is highly imperative that you contact George Sten & Co criminal lawyers to help you understand these sexual offences. Contact us at 9261 8640. We are also available 24 hours through 0412 423 569. Based in Sydney’s CBD, George Sten & Co are criminal law experts with over 50 years of experience. Our criminal lawyers will tell you everything you need to know, including what the law states, the maximum penalty you can receive, what the law enforcement and prosecution must prove, possible defences and which court is likely to hear the matter. We also have extensive court experience and exceptional trial skills.
George Sten & Co provide legal advice on sexual offences such as:
- sexual assault
- aggravated sexual assault
- aggravated indecent assault
- child sex offenders
- historic sex offence charges
- act of indecency
- aggravated act of indecency
- indecent assault charges
- children employed for pornographic purposes
- obtaining benefit from child prostitution
- possession of child pornography
- premises used for child prostitution
- procuring person to prostitution for drugs
- Using a carriage service for child pornography material
- Using a carriage service to groom a child under 16
- obscene exposure
- child abuse material
- peep and pry offence
New legislation to strengthen child sexual abuse laws
- grooming a parent or carer to access a child, and a broader offence of grooming children
- failing to report child abuse to police
- a person in an organisation failing to reduce or remove a risk of child abuse
- sexual touching of a child aged 16 or 17 who is under special care.
Sexual Assault Charges, George Sten & Co have extensive courtroom experience and exceptional trial skills. We have been involved in high profile cases such as the Sex Slave case. There are many elements in sexual offence trials that should be explained to you and handled by a criminal law expert, such as what indicates consent and the presence of aggravation. Our driving principle is to obtain the best results for you and provide the best defence possible.
Call George Sten & Co Criminal lawyers on 9261 8640 or our 24-hour line on 0412 423 569.
Related Information on Sexual and Indecent Assault Charges
- Not Guilty Sexual Intercourse With a Child
- Not Guilty Child Sexual Assault
- Domestic Violence Sexual Assault Lawyers
- Not Guilty Historical Sexual Assault Offences
- Indecent Assault Case Study – Indecent Assault Lawyers
- Sexual Assault – Charges Dropped
- Indecent Assault in Sydney – Criminal Lawyers
- Sexual Assault Charges – Criminal Defence Lawyers Sydney
- What is a subpoena?
- Female Criminal Lawyer Sydney
- Community Correction Orders
- Home Detention Orders
- Section 9 Bond NSW
- Section 12 Suspended Sentence
- Conditional Release Orders NSW
- Failure to reduce or remove risk of child becoming victim of child abuse
- Sexual Assault Lawyers Gosford
- Grooming a parent or carer to access a child