Sexual Assault Offences
What is Sexual Assault?
The offence of Sexual Assault is 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.
Sexual Assault & The Law
Sexual Assault is an offence under Section 61I 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 prosecution will need to prove all three elements listed above in order to secure a conviction.
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.
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
Going to Court – “What am I looking at?”
The Courts treat this type of offence very seriously, where a full time term of imprisonment is necessary. The maximum penalty for this offence is 14 years imprisonment, with a standard non-parole period of seven years as prescribed by the Crimes (Sentencing Procedure Act) 1999 (NSW).
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 it 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.