To be convicted of a sexual charge assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
Criminal Law | Sexual Assault
Sydney’s best criminal Lawyers explain sexual assault cases
Sexual assault occurs when a person is forced or coerced into performing sexual acts against their will or without their consent. Sexual assault also includes situations where a child or a young person under the age of 18 is exposed to sexual activities. In NSW, sexual assault convictions have a maximum penalty of 14 years imprisonment. Aggravated sexual assault carries a maximum penalty of 20 years imprisonment, and aggravated sexual assault with a company (an aggravated sexual assault where someone else is present) carries a maximum sentence of life in prison.
What does the prosecution need to prove for a Sexual Assault charge?
- Significantly intoxicated or affected by drugs
- Unable to understand what they are consenting to due to their age or intellectual capacity
- Intimidated, coerced or threatened
- Unlawfully detained or held against their will
- Submitting due to the person being in a position of trust
- Asleep or unconscious
- The accused knew that the other person did not consent to the sexual intercourse: the prosecution must prove that the accused knew that the victim did not consent to the act, that the accused was reckless as to consent, or that the accused had no reasonable grounds for believing that the victim consented to the act.
When determining whether the accused knew that consent was not given, the prosecution will consider your state of mind at the time of the offence, as well as any steps the accused took to determine whether consent was given. It also needs to be proven by the police that the person who committed the sexual assault offence is the defendant.
What penalties can be imposed for a Sexual Assault charge?
The maximum penalty for a charge of sexual assault is 14 years imprisonment. Sexual assault charges are strictly indictable, meaning that they can only be finalised in the District Court. The most common sentence awarded to the offence of sexual assault is a gaol sentence. The court can impose any of the following penalties for a sexual assault charge:
Our team at Executive Legal can outline all your options and give you the right help for your matter to proceed in the best way possible.