Sexual Assault
What is Sexual Assault?
The offence of Sexual Intercourse without Consent falls within Section 61I Crimes Act 1900 (NSW).
Sexual Intercourse includes the penetration to any extent of a female’s genitalia or anus by a part of the body or an object, cunnilingus, and the introduction of a penis into the mouth of another person.
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FAQ
What is Sexual Assault?
Sexual Intercourse without Consent is where:
- You had sexual intercourse with another person;
- This person did not ‘consent’; and
- You knew there was no consent or were reckless as to consent.
If the police fail to prove any of the above elements, the charge will be dismissed.
What is the maximum penalty?
The maximum penalty for this offence is 14 years imprisonment, with a standard non parole period of 7 years.
If the offence is aggravated, a person can be liable for more serious penalties.
The maximum penalty only relates to the most serious of offences and is rarely applied.
Can I defend this charge?
Yes, some available defences are:
- There was consent;
- You did not know the other person was not consenting (or reckless to that fact);
- False allegations were made against you.
Will I go to Jail if I Plead Guilty?
In most cases, a person will receive full time custody, however it is also possible in some cases to receive a Community Corrections Order.
An Intensive Corrections Order is not available for the offence of Sexual Intercourse without consent.
What is consent?
Consent is given where a person voluntarily agrees to engage in sexual activity. Consent does not exist where the other person:
- Is underage;
- Is incapable of consent due to cognitive incapacity;
- Was unconscious or asleep;
- Was unlawfully detained;
- Was subjected to threats of force or terror.
What Court are these charges heard in?
The charge will commence in the Local Court, however due to the offence being Strictly Indictable, it will ultimately be committed to the District Court to proceed to Trial by Jury (or in some cases, by Judge alone) or Sentence.
Is there any benefit to Pleading Guilty?
The court allows for a mandatory 25% discount on sentence, in cases where a person pleads guilty at the first available opportunity. If you are charged with this offence, it is extremely important to seek legal advice from an expert criminal lawyer.
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