Criminal Lawyers for Sexual Assault – Section 61L of the Crimes Act 1900

Sexual assault refers to the an instance where sexual intercourse has occurred with a person without their consent, and knowing that their consent has not been given. 

 

Sexual assaults are considered to be very serious offences and can place an offender on a Sexual Offenders Registry and lead to time in Prison. 
 

The legislation includes a number of ‘sexual assault offences’ with different elements and considerations. 

Engaging the right Sexual Assault Lawyers is an important first step to defending any allegation which is made against you

What does the Prosecution have to prove?

 

In order for an accused person to be found guilty of a sexual assault offence, the prosecution must prove the following three (3) elements:

  • That you have engaged in sexual intercourse with the victim at an alleged time and place

    Sexual Intercourse under the Crimes Act includes a number of acts, which includes genital penetration by another person’s body parts, but also includes the penetration of an individual’s genital area by objects which are in the possession of another person. 


    Intercourse also includes Oral Sex by a male or female on another male of female directly. 

    There is no requirement that there was any sexual gratification, wetting or ejaculation from any of the parties to establish the offence.
     

  • The victim did not consent to the sexual intercourse

    - In order to give consent in sexual assault matters, it must be a ‘free and voluntary’ decision of each party by way of an individual’s actions, orally or otherwise.

    ‘Consent’ in certain circumstances is deemed not to have been given in instances where: 
     

  1. The victim is under physical or mental threat or under duress; 

  2. The victim suffers from a mental impairment; 

  3. The victim is passed out asleep or unconscious; 

  4. The victim is severely affected by drugs or alcohol; 

  5. The victim is under the age of consent (16 in NSW).
     

  • The Accused knew the victim did not consent and continued, or the accused was reckless as to that consent.

 

It must be proven against the accused that they did not have any ‘reasonable grounds’ to believe that the victim was consenting. 

 

When looking at consent, the Judge or Jury will look at the Accused’s and Victim’s conduct before the alleged offence, during the alleged offence and after the alleged offence. 

That is why it is so important to contact a Sydney Sexual Assault Lawyer as soon as possible after you are charged or suspect that you will be charged, as there is often electronic or other evidence which needs to be preserved to ensure an Accused receives a fair Trial and to ensure they can establish the strongest Defence possible.  

What are the penalties for Sexual Assault matters? What are the penalties for Sexual Intercourse without consent matters? 

The maximum penalties for certain offences of Sexual Intercourse without consent includes Life Imprisonment. 

However, these are the most serious and significant offences and would need to occur on a minor of a very young age. 

Statistics demonstrate that penalties for sexual assault offences will range from 12 months to 25 years imprisonment. 

An Intensive Corrections Order which is an alternative to Gaol (jail) is not available for many sexual offences and accordingly the Court can only impose a Community Correction Order (equivalent of a good behaviour bond) or a term of ‘full-time custody’ (Prison). 

 

At Criminal Lawyers in Sydney, we have had great success with many Sexual Assault matters, with many of our clients being found not guilty or alternatively negotiating a favourable plea deal and leading to our clients avoiding prison as a result of their conduct.

Criminal Lawyers for Sexual Touching or Indecent Assault – Section 61KC of the Crimes Act 1900

Sexual Touching occurs where Person A sexually touches Person B in an ‘indecent’ way without Person B’s Consent or Person A ‘incites/requests/encourages’ Person B to sexually touch them. 

It is also an offence if Person A ‘incites/requests/encourages’ Person B to sexually touch Person C without their consent and Person B follows this direction.

What is the Punishment for Sexual Touching?

 

The maximum penalty for Sexual Touching is 5 years imprisonment. 

However, the Court is not forced to send an individual to prison for this offence. 

Engaging the right Sexual Assault lawyers in essential in ensuring that you defend the allegations or receive a favourable result at Sentence.

 

Criminal Lawyers in Sydney have had a fantastic track record of first keeping a number of our clients out of prison but also receiving non-convictions for these offences or offences much more serious than Sexual Touching.

Criminal Lawyers for Aggravated Sexual Touching or Indecent Assault – Section 61KD of the Crimes Act 1900

Sexual Touching occurs where Person A sexually touches Person B in an ‘indecent’ way without Person B’s Consent or Person A ‘incites/requests/encourages’ Person B to sexually touch them. 

It is also an offence if Person A ‘incites/requests/encourages’ Person B to sexually touch Person C without their consent and Person B follows this direction. 

Circumstances of ‘aggravation’ include: 

  1. Person A was in the company of another person at the time of the offence; 

  2. The Victim was under the authority of Person A; 

  3. The Victim had a severe disability;

  4. The Victim has a cognitive impairment.

What is the Punishment for Aggravated Sexual Touching?

The maximum penalty for Aggravated sexual Touching is 7 years imprisonment. 

However, the Court is not forced to send an individual to prison for this offence. 

Engaging the right Sexual Assault lawyers in essential in ensuring that you defend the allegations or receive a favourable result at Sentence. 

Criminal Lawyers in Sydney have had a fantastic track record of first keeping a number of our clients out of prison but also receiving non-convictions for these offences or offences much more serious than Sexual Touching.

 

Pleading Not Guilty to an offence of Sexual Assault

If you wish to fight the charges and plead ‘Not Guilty’ to sexual assault or aggravated sexual assault, you can instruct you Sydney Assault Lawyer to fight to have the charges dropped or to have the charges dismissed at Court. 

 

How can I defend a Sexual Assault or Aggravated Sexual Assault Offence?

In defending sexual assault or aggravated sexual assault offences, there can be a lack of evidence beyond reasonable doubt that the offence occurred, there can also be technical issues such as the alleged conduct not being considered ‘sexual’ for the purposes of the law. 

Additionally, there are a number of legal defences available to you. If a legal defence is accepted, your charges will be dismissed and you will be found not guilty. 

Available defence include: 

  1. Alibi Defence; 

  2. Self-Defence; 

  3. Proper Medical Purpose; 

  4. Necessity; 

  5. Duress; 

  6. Consent – not available if the victim is under the age of consent or does not have the capacity to consent (excessively drunk/cognitively impaired/asleep/etc)

Pleading Guilty to an offence of Sexual Assault

If you plead guilty to an offence of Sexual Assault, your matter can proceed to the Local or District Court for Sentence. 
 

Our Sydney Sexual Assault Lawyers have had great success in securing fantastic results for our clients including good behaviour bonds for serious sexual assault offences and have also received a non-conviction for Sexual Assault matter. 

Each case is different, and the Court will look at all the circumstances of your case before imposing Sentence. 

Make sure you contact the Criminal Lawyers in Sydney office as soon as possible to give you the best opportunity on sentence and receive a favourable outcome.