What the law states
Section 61JA outlines the offence of aggravated sexual assault in company as:
(1) A person:
(a) who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse, and
(b) who is in the company of another person or persons, and
(c) who:
(i) at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(ii) at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(iii) deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.
To be charged with sexual assault in company, the other person/people do not need to be in the direct vicinity of the assault, however, it will suffice if the other parties are close enough to have an encouraging effect upon the accused.
Defences
Defences to sexual assault include but are not limited to: duress. Simply being unaware that the other person does not consent may not be a defence to this offence.
Penalties
The maximum penalty for aggravated sexual assault in company is life imprisonment, which is described by the Crimes Act 1900 (NSW) as the duration of the person’s natural life. Any attempt to commit aggravated sexual assault in company will result in the same penalty as that provided for the commission of the offence.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with aggravated sexual assault in company, the experienced criminal lawyers at Prime Lawyers are able to assist you with your matter. We understand the severity of such an offence as this and we will examine the circumstances of the offence as well as utilise any applicable defences in order to secure the best result for you.