THE CRIMINAL OFFENCE OF SEXUAL ASSAULT: THE LAW IN NSW

The criminal offence of Sexual Assault is a serious indictable offence that carries severe consequences and requires expert legal representation. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Sexual Assault.

If you or anyone you know have been accused or charged with the criminal offence of Sexual Assault, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

WHAT IS THE CRIMINAL OFFENCE OF SEXUAL ASSAULT?

Section 61I of the Crimes Act 1900 (NSW) constitutes sexual assault to be a criminal offence and to have occurred when a person has sexual intercourse with another person without the consent of the other person and knowing that the other person does not consent to the sexual intercourse.

WHAT IS CONSIDERED TO BE CONSENT?

Section 61HI of the Crimes Act 1900 (NSW) defines consent as having occurred if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity. The following legislated considerations are of importance:

A person may, by words or conduct, withdraw consent to a sexual activity at any time.
Sexual activity that occurs after consent has been withdrawn occurs without consent.
A person who does not offer physical or verbal resistance to a sexual activity is not, by reason only of that fact, to be taken to consent to the sexual activity.
A person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity.
A person who consents to a sexual activity with a person on one occasion is not, by reason only of that fact, to be taken to consent to a sexual activity with that person on another occasion, or another person on that or another occasion.

Section 61HJ of the Crimes Act 1900 (NSW) states the circumstances in which there is no consent, which include, but are not limited to:

The person does not have the capacity to consent to the sexual activity.
The person is so affected by alcohol or another drug as to be incapable of consenting to the sexual activity.
The person participates in the sexual activity because of coercion, blackmail or intimidation.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF SEXUAL ASSAULT?

Section 61I of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 14 years imprisonment for a conviction of the criminal offence of Sexual Assault.

Other penalties available for a conviction of the criminal offence of Sexual Assault include an Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Community Release Order (CRO).

WHAT IF THE SEXUAL ASSAULT WAS COMMITTED IN CIRCUMSTANCES OF AGGRAVATION?

Section 61J of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 20 years imprisonment for a person convicted of aggravated sexual assault.

Aggravated sexual assault is constituted as having occurred if a person has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and knowing that the other person does not consent to the sexual intercourse.

WHAT ARE CIRCUMSTANCES OF AGGRAVATION?

Circumstances of Aggravation for the purpose of the criminal offence of Aggravated Sexual Assault include, but are not limited to:

At the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby.
The accused person is in the company of another person or persons, or
The complainant is under the age of 16 years, or
The complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
The complainant has a serious physical disability, or
The complainant has a cognitive impairment, or
The accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
The accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

For an assessment of all circumstances of aggravation, speak with our specialised sexual assault lawyers now.

CAN I GET BAIL FOR A CHARGE OF SEXUAL ASSAULT?

Yes, you may be granted bail on a charge of Sexual Assault. Our specialised bail lawyers at Criminal Lawyers Group were awarded the best law firm in NSW for securing bail for our clients who have been charged with serious criminal offences, including Sexual Assault.

PRINCIPAL LAWYER MR STEVEN MERCAEL SECURES NOT GUILTY VERDICT

Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another Not Guilty verdict for a man who had been falsely accused of the criminal offence of sexual assault.

The jury returned the verdict of Not Guilty after almost 3 hours of deliberation.

This result is among the latest of a continuous record of Not Guilty verdicts achieved by Criminal Lawyers Group, who were recently awarded the title of Best Criminal Lawyers in Sydney.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with the criminal offence of Sexual Assault, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for securing acquittals, bail and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Sexual Assault.