Sexual Assault

Sexual assault is where a person touches another person sexually without that person’s consent or coerces or physically forces a person to engage in a sexual act against their will.

Sexual Assault is a form of violence against another person that 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 Sexual Assault is found in section 61I of the Crimes Act 1900 (NSW). This section states:

“Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years”.

Sexual intercourse means:

“Penetration of the vagina or anus of a person using a body part or an object or Oral sex”.

The law explains consent where the first person knows that second person is not consenting even if the first person is just reckless as to whether the second person is consenting. This includes circumstances where a person does not know if the second person is consenting, realises they might not be consenting, but goes ahead anyway.

The law also says that a person is taken to “know” that the other person is not consenting if the first person has no reasonable grounds upon which to conclude that the other person was consenting.

An offence of Sexual Assault is strictly indictable, meaning it will be finalised in the District or Supreme Court.

The nature and elements of the offence of Sexual Assault were considered in the case of R v Beserick (1993) 30 NSWLR 510 which held:

“The Crown must prove that the complainant, being aware that it was an act of a sexual nature, did not consent to the physical act of the accused, and it is irrelevant that the complainant failed to appreciate that the act was morally and criminally wrong”.

 

MAXIMUM/POSSIBLE PENALTIES

For the offence of Sexual Assault, offenders can be punished with imprisonment of up to 14 years.

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a sexual assault charge of:

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

 

THE FACTS THAT MUST BE PROVEN

Since Sexual Assault is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the a person’s guilt beyond reasonable doubt in that:

  • You had sexual intercourse with another person;
  • That person did not consent; and
  • You knew that person did not consent or
  • You were reckless as to whether there was consent.
  • You have no defences available at law.

 

DEFENCES

Possible defences available for those charged with Sexual Assault include:

  • Denying that sexual intercourse occurred;
  • Claiming there was consent; or
  • Claiming that there was a reasonable belief that there was consent; or
  • You were compelled under “Duress” in order to avoid a greater harm or threatened.

 

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.

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