Assault with Intent to have Sexual Intercourse Offence

Lawyers NSW

What is Assault with Intent to have Sexual Intercourse?

Assault with intent to have Sexual Intercourse is an extremely serious offence as it not only relates to the intention to have Sexual Intercourse with another without their consent, but it also involves actual violence or threats of violence to the victim. The penalties upon conviction that are given by the Courts for such an offence are severe.

 

Aggravated Sexual Assault & The Law

Aggravated Sexual Assault is an offence under Section 61K of the Crimes Act 1900 (NSW).

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

  • The accused intended to have sexual intercourse with another; and

  • The accused intentionally or recklessly inflicted actual bodily harm  on the victim or another person through the use of an offensive weapon; or

  • The accused intentionally or recklessly intended to inflict actual bodily harm on the person or another through the use of an offensive weapon.

What is Actual Bodily Harm?

Actual Bodily Harm can include any type of physical harm or injury, and it does not need to be permanent. This means that a cut, bruising or laceration is sufficient.

What is an Offensive Weapon?

An offensive weapon can be any dangerous weapon, or any tool or object that can be modified to be used for inflicting damage. It can also be any object, that is used for threatening purposes, even if it is normally not used in such a way.

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.
 

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. 

 

Alternatively, if a plea of guilty is more appropriate in the circumstances, or if negotiations need to be conducted in an effort to downgrade the charge, our solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist the case and present the best possible submissions before a Judge for a more lenient sentence.

 

 

 

 

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