Sexual Assault
The offence of Sexual Assault carries a maximum penalty of 14 years imprisonment.
What is Sexual Assault?
The offence of Sexual Assault is contained in section 61I of the Crimes Act 1900 (NSW) which 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 Assault is the charge that is used for any rape offences in NSW. It includes all different kinds of sexual intercourse.
Breakdown of Terms
The definition of sexual intercourse is defined in section 61HA of the Crimes Act 1900 (NSW), as meaning:
- Penetration of the vagina or anus of a person using a body part or an object or;
- Oral sex.
What does ‘Consent’ mean?
Consent(link) in relation to Sexual Assault offences is defined within section 61HI of the Crimes Act 1900 (NSW).
The following acts constitute Sexual Assault?
- Having penile vaginal penetrative sex with someone without their consent;
- Performing oral sex without someone’s consent;
- Having sex with someone when they are too drunk or intoxicated to consent;
- Having sex without a condom when it was agreed that you would use one.
What Must be Proven?
For a person to be convicted of Sexual Assault, the Prosecution must prove each of the following matters beyond a reasonable doubt:
- You had sexual intercourse with another person;
- That other person did not consent;
- You knew that person did not consent OR
- You were reckless as to whether they consented; OR
- The belief you held that the person was consenting, wasn’t reasonable
If the Prosecution does not prove every single one of the above elements, you will be found not guilty.
Which Court Will Hear the Matter?
This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.
Possible Defences for Sexual Assault
The possible ways to defend a Sexual Assault charge include but are not limited to:
- Denying that the Sexual Assault occurred
- Stating there was consent
- Claiming that there was a reasonable belief that there was consent
Common Questions about Sexual Assault
Will I Receive a Criminal Conviction?
A conviction and criminal record for this offence is very likely. In fact, even for people with no prior criminal record, the most likely sentence is one of imprisonment if you are found guilty.
In New South Wales, a Court can impose any of the following penalties for a Sexual Assault charge:
- Gaol Sentence
- Intensive Corrections Order (ICO)
- Community Corrections Orders (CCO)
- Conditional Release Order with conviction (CRO)
- Fine
- Conditional Release Order without conviction (CRO)
- S10A
- Section 10
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a Sexual Assault conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. These matters are incredibly serious and it is important that you obtain expert legal advice.
Will I go to gaol for a sexual assault charge?
In most instances if you are found guilty of Sexual Assault offence, you will be sentenced to a gaol term of some years. The standard non parole period for this offence is 7 years.
Will I end up on the sex offender register?
If the complainant in your matter was under the age of 16 years, it is probable that you will be on the sex offender register.
How long would this offence stay on my criminal record for?
This offence will stay on your criminal record for life.
What if the other person consented?
Consent is a very complicated legal term which you can read more about this in detail (LINK TO PAGE).
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
