Aggravated Sexual Act

THE CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ACT

THINGS YOU NEED TO KNOW:

1. Aggravated Sexual Act is an indictable offence under Section 61KF of the Crimes Act 1900 (NSW) and replaced the previous criminal offence of Aggravated Act of Indecency.
2. A number of defences against a conviction of Aggravated Sexual Act are available.
3. The maximum penalty available to the Court for the criminal offence of Aggravated Sexual Act is 3 years imprisonment.
4. Aggravated Sexual Act matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Aggravated Sexual Act.

The criminal offence of Aggravated Sexual Act can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE DEFINITION OF SEXUAL ACT?

Section 61HC of the Crimes Act 1900 (NSW) defines Sexual Act for the purposes of this offence as an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual.

The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include:

• Whether the area of the body involved in the act is a person’s genital area, anal area or breasts—
• Whether or not the breasts are sexually developed, and
• Regardless of the person’s gender or sex, or
• Whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification, or
• Whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

WHAT IS THE CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ACT?

The criminal offence of Aggravated Sexual Act replaced the criminal offence of Aggravated Act of Indecency. The repealed provisions pertaining to Aggravated Act of Indecency continue to apply to offences committed or alleged to have been committed before 1 December 2018.

Section 61KF of the Crimes Act 1900 (NSW) defines the criminal offence of Aggravated Sexual Act as:

Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent and in circumstances of aggravation intentionally:

• Carries out a sexual act with or towards the complainant, or
• Incites the complainant to carry out a sexual act with or towards the accused person, or
• Incites a third person to carry out a sexual act with or towards the complainant, or
• Incites the complainant to carry out a sexual act with or towards a third person

WHAT ARE THE CIRCUMSTANCES OF AGGRAVATION?

Section 61KF of the Crimes Act 1900 (NSW) defines Circumstances of Aggravation as circumstances in which:

• The accused person is in the company of another person or persons, 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.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ACT?

Section 61KF of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 3 years imprisonment for a person convicted of the criminal offence of Aggravated Sexual Act.

Other penalties available for a conviction of the criminal offence of Aggravated Sexual Act include a Conditional Release Order (CRO) Without Conviction (often referred to as a Section 10), a Fine, CRO with Conviction, Community Correction Order (CCO) and Intensive Correction Order (ICO).

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat an Aggravated Sexual Act charge if the prosecution cannot prove beyond reasonable doubt that you, in circumstances of aggravation and without the consent of the complainant, and knowing that the complainant did not consent, carried out a sexual act with or towards the complainant, or incited the complainant to carry out a sexual act with or towards you, or incited a third person to carry out a sexual act with or towards the complainant, or incited the complainant to carry out a sexual act with or towards a third person.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ACT?

Duress: You may defend an Aggravated Sexual Act charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not commit the act or acts that the prosecution alleges you committed.

Consent: That the complainant consented to the act or acts which you are alleged to have committed, or that you did not know that the complainant did not consent.

Proper medical or hygienic purposes: That the sexual act was carried out solely for proper medical or hygienic purposes.

No Circumstances of Aggravation: That there existed no circumstances of aggravation.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF AGGRAVATED SEXUAL ACT?

If you are convicted of the criminal offence of Aggravated Sexual Act, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including the nature of the aggravating factors
• Criminal history, particularly involving sexual offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE AGGRAVATED SEXUAL ACT OFFENCES HEARD IN?

The criminal offence of Aggravated Sexual Act is heard in the Local Court and District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Aggravated Sexual Act offences in the Local Court and District Court.

CAN I GET BAIL FOR AN AGGRAVATED SEXUAL ACT CHARGE?

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

WHAT ARE YOUR OPTIONS?

When facing an Aggravated Sexual Act charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

s14 APPLICATION: There will not be a finding of guilty should a s14 order be made. You will be diverted under the Mental Health Act 2007 (NSW) for a period of 12 months. You will avoid a criminal conviction with this option.

CONTACT CRIMINAL LAWYERS GROUP NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.