What the law states
The offence of aggravated sexual assault is outlined in s61J of the Crimes Act 1900 (NSW).
The main elements of the offence include:
a) Sexual intercourse
b) No consent
c) Knowledge of the lack of consent
Sexual intercourse is defined by the Act as
- the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
- the penetration to any extent of the anus of any person by any part of the body of another person;
- the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
- a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
- cunnilingus (oral sex performed on the genitals of a female).
Consent is defined as free and voluntary agreement of a person to have sexual intercourse. An accused can be said to have knowledge of the lack of consent if they actually know that there is no consent, they are reckless as to whether or not there was consent or there are no reasonable grounds for believing that there is consent. For more information on consent, click here.
For the sexual assault to be ‘aggravated’, the elements outlined above must be accompanied by circumstances of aggravation. This means that in addition to the sexual assault, one or more of the following is also present which makes the assault more serious:
a) Actual bodily harm is inflicted on the alleged victim.
b) Actual bodily harm with use of a weapon is threatened on the alleged victim or anyone else nearby.
c) The offence occurs in company.
d) The alleged victim is under 16 years old.
e) The alleged victim is under the authority of the alleged offender
f) The alleged victim has a serious physical disability or cognitive impairment
g) The alleged offender breaks and enters with the intention of committing the offence
h) The alleged offender deprives the alleged victim their liberty for a period before or after the commission of the offence.
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 this offence is 20 years imprisonment and the standard non-parole period is 10 years or 15 years where the offence occurred in company. If you have been charged with this offence, you may be able to defend it, and thus be found not guilty. Any attempt to commit aggravated sexual assault will result in the same penalty as that provided for the commission of the offence.
How can Prime Lawyers help you?
Our criminal lawyers at Prime are experienced in defending aggravated sexual assault charges. If you have been charged with aggravated sexual assault, they can assist you in determining the direction of your matter and should you choose to defend the charge, will exercise all options available to achieve the best outcome for you.