If a person coerces or physically forces a person to engage in a sexual act against their will the offence of aggravated sexual assault occurs.
The offence includes rape (forced vaginal, anal or oral penetration or drug-facilitated sexual assault), groping, child sexual abuse or the torture of the person in a sexual manner.
The Law in relation to Aggravated Sexual Assault is found in 61J of the Crimes Act 1900 (NSW) which states:
(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicted actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is under the age of 16 years, or
(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged victim has a cognitive impairment, or
(h) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
(i) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.
Therefore, there are a variety of circumstances that can “aggravate” a charge of sexual assault. This includes but is not limited to, any of the following elements to the allegation:
An offence of Aggravated Sexual Assault is strictly indictable. This means that it will be finalised in the District or Supreme Court.
For the offence of Aggravated Sexual Assault, a person can be punished with a prison sentence of up to 25 years.
However, please note that the penalties are only in the worst-case scenario.
In NSW, a court can impose any of the following penalties for Wounding or grievous bodily harm with intent charge of:
Since Aggravated Sexual Assault is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused is guilty beyond reasonable doubt.
To establish Aggravated Sexual Assault the prosecution must prove each of the below mentioned matters beyond a reasonable doubt:
Some of the defences available for those charged with Aggravated Sexual Assault are:
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