Sexual Assault Lawyers Parramatta – are you facing charges or have been charged with Sexual Assault, Indecent Assault, Historical Sex offences, Child Pornography or any other Sex Offence. George Sten & Co Criminal Lawyers have over 50 years experience in Criminal Law. Contact one our Sexual Assault Lawyers for a confidential consultation 02 9261 8640. Our solicitors are experts in the area of sexual assault offences and can advise you on the prospects of success of your case.
Sexual criminal offences are considered among the most serious criminal offences in most jurisdictions with New South Wales being no exception. Where a person is accused of, charged with or tried for a sexual offence, it is frequently the case that they are ostracized by friends, family and the community, fired from their occupation and experience ongoing hardship as a result of the stigma attached the commission of any sexual offence.
Following the accusations made against Harvey Weinstein of sexual misconduct, a large number of high-profile individuals in a variety of industries have also been accused of related conduct including Kevin Spacey and Louis C.K. Harvey Weinstein has been accused of raping three women, sexual assault and harassment of numerous others, including masturbating and exposing himself. Kevin Spacey has been accused of sexual assault of multiple men and sexual misconduct with a minor. Louis C.K. has been accused of sexual misconduct against five women, including exposing himself and masturbating in front of them as well during a telephone call.
Whether a person is guilty of the commission of a sexual offence may not be clear cut. For example, there may be issues of consent where an accused person submits that they believed the victim to have consented to the act. There may also be complicating factors including intoxication or lack of evidence. There are countless potential complicating factors which may be involved in a sexual offence case which requires expert consideration to ensure an accused person is afforded the right to a fair hearing.
Ignorance of the law is not an excuse or defence available to a person accused of committing a sexual offence or any criminal offence. George Sten & Co maintain expert knowledge in sexual offences and have extensive experience in defending individuals accused of committing a sexual offence(s) in New South Wales.
Under the Crimes Act 1900 (NSW) which is the predominant statute governing illegal acts in New South Wales, there are numerous offences which may be classified as sexual offences against the person. These are found under Division 10 and include offences in the nature of rape and offences relating to other acts of sexual assault.
Courts take the view that any offence which is a sexual offence is extremely serious and there are severe penalties available to a court in sentencing a person convicted of a sexual offence.
It is also an offence if the offender attempted to commit the offence however did not actually commit the offence. Further, where a person under the age of 18 years commits a sexual offence, the Crimes Act provides that they are not to be presumed incapable of having committed an offence by way of their age. The only exception to this is where a person is under the age of 10.
Further, in some situations where a sexual offence has been committed, the fact that the victim may have given consent, is not a defence to certain offences. For example, where a child is under the age of 16, the fact that person may have given consent does not allow a defendant to raise this as a defence.
It is also an offence to have sexual intercourse with a close family member despite the fact they are of or above the age of 16 years. A ‘close family member’ is a defined as a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth. An attempt at committing this act is also an offence, a convicted person may be liable to imprisonment for two years.
If this offence occurs on a family member below the age of 16 years, a further offence of sexual assault may have been committed in addition to an offence of incest.
Under Section 80B it is an offence for a person to use force or threats to cause a person to provide sexual services or to use force or threats which cause them to be unable to leave the place or area where they are providing sexual services. ‘Sexual service’ means the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.
It is also an offence if a person conducts any business that involves the sexual servitude of other persons and knows about, or is reckless as to, that sexual servitude: S.80E.
Under Section 80G it is an offence to incite the commission of a sexual offence. In other words, it is an offence for someone to encourage, persuade or trigger another person to commit a sexual offence.
Contact one our Sexual Assault Lawyers Parramatta for a confidential consultation. Our solicitors are experts in the area of sexual assault offences and can advise you on the prospects of success of your case.
We are here for you 24/7 and can be contacted around the clock on 0412 423 569. During business hours, call us on (02) 9261 8640 or email at [email protected]
George Sten & Co Criminal Lawyers attend Parramatta Local Court.