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Sexual Assault Charge - Lawyer / Solicitor Article.

The Law - Sexual Assault - Law – Lawyer / Solicitor Article

Section 61I of the Crimes Act states:

Maximum Penalty - Sexual Assault - Penalties – Lawyer / Solicitor Article

What the Police must prove - Sexual Assault - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove
each of the following matters beyond a reasonable doubt.

1. The accused had sexual intercourse with another person.
2. The other person did not consent to the sexual intercourse.
3. 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 - Sexual Assault - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence 

What court is likely to hear the matter - Lawyer / Solicitor Article

This matter is strictly indictable which means that it can only be finalised in the District Court.

Disclaimer

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.

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