Sexual Assault Charges, Penalties & Defences in NSW
Sexual Assault charges – Sexual assault is an extremely serious offence in New South Wales. Severe penalties, including lifetime imprisonment apply to the most serious sexual assault cases. If you are accused or charged with a sexual assault offence, you must contact George Sten & Co. Our solicitors are experts in the area of sexual assault charges and can advise you on the prospects of success of your case. Your can contact us on 9261 8640 or email us to arrange an appointment at our Sydney CBD office.
What is a sexual assault offence?
The offence of sexual assault can be found in section 61l of the Crimes Act 1900 (NSW). This section 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 important elements of this offence:
- There must be sexual intercourse
- Without the consent of the other person
- You must know that the other person does not give consent.
What is sexual intercourse?
For the purposes of this offence, sexual intercourse refers to penetration of the genitalia of a women (included a surgically constructed vagina) or the anus of any person with a body part or an object. It also includes oral sex.
What is consent?
A person must freely and voluntarily agree to sexual intercourse. This is what constitutes consent. A person cannot give consent if they do not have capacity to do so, or are unlawfully detained, or are asleep or unconscious. A person cannot consent to sexual intercourse under false pretences such as the belief that they are married to a person.
Also a the person who has the sexual intercourse with another person without the consent of the other person knows that they do not have consent if they know, or are reckless about knowing or have no reasonable grounds of believing that the other person has given consent.
Aggravated sexual assault, aggravated indecent assault and aggravated sexual assault in company are also offences. These are considered to be more serious than sexual assault as they involve circumstances of aggravation. Circumstances of aggravation include circumstances such as, at the time of or immediately before or after the offence, intentionally or recklessly inflicting actual bodily harm on the alleged victim, the alleged victim being under the age of 16 or the alleged victim having a cognitive impairment. Aggravated sexual assault holds a maximum imprisonment of 20 years, while the same offence, in company may lead to lifetime imprisonment.
If you have been accused, investigated or arrested for a sexual assault charge or a historic sex offence charge, then contact George Sten & Co for specialised legal advice. We are experts in the area of sex offences and make ourselves available to our clients 24 hours a day on 0412 423 569. Call us on (02) 9261 8640 or email us.
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