Aggravated Sexual Assault

THINGS YOU NEED TO KNOW:

1. Aggravated Sexual Assault is a strictly indictable offence under Section 61J of the Crimes Act 1900 (NSW).
2. A number of defences against a conviction of Aggravated Sexual Assault are available.
3. The maximum penalty available to the Court for the criminal offence of Aggravated Sexual Assault is a term of imprisonment of 20 years.
4. Aggravated Sexual Assault matters are finalised in the District Court and Supreme Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges.

The criminal offence of Aggravated Sexual Assault is a serious offence and can have severe 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 CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ASSAULT?

Section 61J of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to have 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 IS THE DEFINITION OF SEXUAL INTERCOURSE?

To understand the criminal offence of Aggravated Sexual Assault, it is imperative to know what in fact classifies as sexual intercourse for the purposes of this offence. Section 61HA of the Crimes Act 1900 (NSW) defines sexual intercourse as:

• The penetration to any extent of the genitalia or anus of a person by any part of the body of another person, or any object manipulated by another person, or
• The introduction of any part of the genitalia of a person into the mouth of another person, or
• The application of the mouth or tongue to the female genitalia.

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

Section 61J of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 20 years imprisonment for a person convicted of the criminal offence of Aggravated Sexual Assault.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat an Aggravated Sexual Assault charge if the prosecution cannot prove beyond reasonable doubt that:

• You had sexual intercourse with another person, and
• That the alleged victim did not consent and you knew that the alleged victim did not consent, or you were reckless as to whether the alleged victim consented, and
• That you did so in circumstances of aggravation.

WHAT ARE CIRCUMSTANCES OF AGGRAVATION?

To best understand the criminal offence of Aggravated Sexual Assault, it is important to know what circumstances of aggravation are, as to be convicted of the offence there must exist circumstances of aggravation.

Section 61J(2) of the Crimes Act 1900 (NSW) states circumstances of aggravation as meaning any of the following circumstances:

Actual or Grievous Bodily Harm

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, or the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or the accused person threatens to inflict grievous bodily harm or wounding on the complainant or any other person who is present or nearby.

Other Circumstances of Aggravation:

• The accused person is in the company of another person or persons.
• The complainant is under the age of 16 years.
• The complainant is under the authority of the accused person.
• The complainant has a serious physical disability.
• The complainant has a cognitive impairment.
• 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.
• The accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

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

Consent: That the alleged victim of the offence consented to the sexual intercourse or that you did not know that the alleged victim did not consent and you were not reckless as to whether the alleged victim consented.

No Aggravating Circumstances: You may defend an Aggravated Sexual Assault charge on the basis of there having been no circumstances of aggravation.

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

Duress: You may defend an Aggravated Sexual Assault 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.

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 ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF AGGRAVATED SEXUAL ASSAULT?

Examples of actions that may constitute the criminal offence of Aggravated Sexual Assault include, but are not limited to:

• Forcing someone you met on a dating site to have sexual intercourse with you by threatening them with a gun.
• You and two friends physically forcing a stranger to have sexual intercourse during a bucks party.
• You sexually assault an employee who you have workplace authority over.

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

If you are convicted of the criminal offence of Aggravated Sexual Assault, 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
• Criminal history, particularly involving any 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 ASSAULT OFFENCES HEARD IN?

The criminal offence of Aggravated Sexual Assault is heard and finalised in the District Court and Supreme 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 Assault offences in the District Court and Supreme Court.

WHAT ARE YOUR OPTIONS?

When facing an Aggravated Sexual Assault 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.

CONTACT US 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.