What is Aggravated Sexual Assault?
Aggravated Sexual Assault is a more serious version of Sexual Assault as it has aggravating features that apply. It is penalised severely by the Courts on conviction. It is also an offence which is strictly indictable, meaning that it will not be dealt with in the Local court, and must be heard before a Judge in the District Court.
Aggravated Sexual Assault & The Law
Aggravated Sexual Assault is an offence under Section 61J of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused had sexual intercourse with another person; and
There was no consent to the sexual intercourse; and
The accused was aware that there was no consent to the sexual intercourse
The sexual intercourse was committed in circumstances of aggravation
The Prosecution would need to prove that either one or more of the following aggravating features existed at the time of the offence:
During the offence, the accused intentionally or recklessly inflicted actual bodily harm on the victim
During the time of the offence, immediately before or after, there was a threat to inflict harm through the use of an offensive weapon or instrument
The accused committed the assault after breaking and entering into a place with the intention of committing any serious indictable offence
The assault occurred in the company of others
The victim had a serious physical disability or cognitive impairment
The victim was under the authority of the accused at the time of the offence
The victim was under the age of 16 years
The victim was deprived of their liberty for the period before or after the assault occurred.
How is Non-Consent defined?
A person would be aware that another person does not consent to sexual intercourse in three key categories:
The accused is explicitly aware that the other person does not consent
The accused is reckless in establishing that the other person does not consent
The accused does not have any reasonable grounds to establish that consent was given
What does Sexual Intercourse mean?
Sexual intercourse covers a number of different physical acts, and is not restricted to the penetration of the female genitals. It can also include the penetration or manipulation with the intimate body parts of any person such as anus or mouth.
Going to Court – “What am I looking at?”
The Courts treat this type of offence seriously and as extreme, where a full time term of imprisonment is necessary. The maximum penalty for this offence is 20 years imprisonment, with a standard non-parole period of 10 years.
However, if the offence contained aggravating features and was also committed in the company of others, the maximum penalty can be as severe as life imprisonment with a standard non-parole period of 15 years.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a trial before a Jury.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available for trial work. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.