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Sexual Assault
The Law
Section 61I of the Crimes Act 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.Maximum penalty
What the police must prove
In order for the police to prove their case at Court, they must prove
each of the following matters beyond a reasonable doubt.
- The accused had sexual intercourse with another person.
- The other person did not consent to the sexual intercourse.
- The accused knew the other person did not consent to the sexual intercourse.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible defences
Possible defences to this offence include but are not limited to
What court is likely to hear the matter
This matter is strictly indictable which means that it can only be finalised in the District Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
