The Crimes Act 1900 proscribes a variety of sexually based offences including sexual assault (commonly referred to as rape), indecent assault and procuring for prostitution. These offences are taken very seriously by the courts and severe penalties can apply, including terms of imprisonment.
Accordingly if you are charged with a sexual offence, you should strongly consider obtaining legal advice. Feel free to contact our criminal lawyers on (02) 9521 2222 if you have any questions. You can also send your enquiry online now and we will call you.
Sexual Assault
It is an offence if a person has sexual intercourse with another person and who knows that the other person does not consent to the intercourse.
This is a serious offence and it is important to realise that the absence of consent is not confined to a person actively saying ‘no’. A person can be unable to consent due to being asleep, unconscious, under the relevant age of consent, suffering from a cognitive incapacity, is under duress or unlawfully detained. This means that although the person may not actively indicate that they are not consenting, the absence of such indication cannot be taken for consent.
Similarly, simply being unaware that the other person does not consent may not be a defence to this offence. The maximum penalty for this offence is 14 years imprisonment and the standard non-parole period is 7 years. If you have been charged with this offence, you may be able to defend it, and thus be found not guilty. Contact us on (02) 9521 2222.
Aggravated Sexual Assault
This offence contains the same elements as sexual assault with the additional element of the offence occurring in ‘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:
- Actual bodily harm is inflicted on the alleged victim.
- Actual bodily harm with use of a weapon is threatened on the alleged victim or anyone else nearby.
- The offence occurs in company.
- The alleged victim is under 16 years old.
- The alleged victim is under the authority of the alleged offender
- The alleged victim has a serious physical disability or cognitive impairment
- The alleged offender breaks and enters with the intention of committing the offence
- The alleged offender deprives the alleged victim their liberty for a period before or after the commission of the offence.
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. Contact us on (02) 9521 2222.
Acts of Indecency and Indecent Assault
Very generally speaking, an act of indecency is an act that would be viewed as against society’s understanding of what is appropriate decent behaviour. Whilst these offences are not generally seen to be as serious as sexual assaults, they are still serious charges with possible imprisonment resulting from a conviction.
The length of the prison sentence is dependent upon the age of the alleged victim, where they are under 16, the maximum period is 2 years and where they are 16 or older it is 18 months.
An assault that has the additional element of the offender committing an act of indecency upon or in the presence of the victim is referred to as indecent assault.
This offence is generally not seen as serious as sexual assault, although it still carries a maximum prison term of 5 years.
As with all offences that carry possible prison sentences, you should strongly consider obtaining legal advice if you have been charged with this offence. Contact us on (02) 9521 2222.
Aggravated Act of Indecency and Aggravated Indecent Assault
An aggravated act of indecency contains the same elements as an act of indecency with the additional element of the offence occurring in ‘circumstances of aggravation’. This means that in addition to the indecent act, one or more of the following is also present make the assault more serious:
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The offence involves a child under the age of 10 years.
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The offence occurs in company.
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The alleged victim is under the authority of the alleged offender.
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The alleged victim has a serious physical disability or cognitive impairment.
It also encompasses behaviour where the act of indecency involves a child under the age of 16 and the alleged offender knows that the indecent act is being filmed for child pornography.
These offences carry significant penalties of up to 10 years and standard non-parole period of up to 8 years (depending on the particular charge and aggravating feature).
An aggravated indecent assault includes an indecent assault with additional aggravating features. These include:
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The offence occurs in company.
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The alleged victim is under the authority of the alleged offender.
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The alleged victim has a serious physical disability or cognitive impairment.
These offences carry significant penalties of up to 10 years (depending on the particular charge and aggravating feature).
How can our criminal lawyers help you?
Defending the charge
If you have been charged with an offence or several offences, it is a good idea to obtain some legal advice to understand where you stand. It may be possible for you to defend the charge/s brought against you. We have the ability to analyse your matter and provide you with the advice that you need to determine whether to defend or plead guilty to an offence.
Sentencing
Although some of the above offences attract 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.
If you have been charged with any of the above offences, contact us on (02) 9521 2222 and ask to speak to one of our criminal lawyers for assistance and advice. You can also send your enquiry online now and we will call you.