Aggravated Sexual Assault

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

The Law in relation to Aggravated Sexual Assault is found in 61J of the Crimes Act 1900 (NSW) which states:

  1. Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment.
  1. In this section, “circumstances of aggravation” means circumstances in which:

(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:

  • Infliction of an injury on the alleged victim; or
  • Threat of an injury by the accused by use of a weapon or instrument; or
  • The accused acting along with another person; or
  • An alleged victim aged under 16; or
  • Where the alleged victim is “under the authority” of the accused person; or
  • An alleged victim has a serious physical disability; or
  • An alleged victim having a cognitive impairment.

An offence of Aggravated Sexual Assault is strictly indictable. This means that it will be finalised in the District or Supreme Court.

 

MAXIMUM/POSSIBLE PENALTIES

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:

  • Full-time imprisonment; or
  • An Intensive Correction Order (ICO); or
  • A Community Correction Order (CCO); or
  • A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

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:

  • You had sexual intercourse with another person;
  • That person did not consent;
  • You knew that person did not consent;
  • You did so in circumstances of Aggravation; and
  • They have negated any defence at law you may have raised. 

 

DEFENCES

Some of the defences available for those charged with Aggravated Sexual Assault are:

  • Denying that sexual intercourse occurred;
  • Claiming there was no circumstances of aggravation present;
  • Claiming there was consent (will not apply to under 16yrs and/or cognitive impairment);
    • Claiming that there was a reasonable belief that there was consent (will not apply to under 16yrs and/or cognitive impairment);

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

 

Speak to a Lawyer

Get a Free Consultation