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Sexual Assault

sexual offences

The offence of Sexual assault is found in section 61I of the Crimes Act 1900 (NSW) which deems a person guilty if they have sexual intercourse with another person without consent and knowing that the other person does not consent to the sexual intercourse. 

You could be charged with sexual intercourse without consent if:

  1. You have penetrated the vagina or anus with a penis without consent;
  2. You have digitally penetrated the vagina or anus without consent;
  3. You have performed or have had oral sex performed on you without consent;
  4. You have penetrated the vagina or anus with a foreign object without consent.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • That you had sexual intercourse with the complainant; and
  • That the sexual intercourse was without the consent of the complainant; and
  • That the accused knew that the complainant did not consent to the sexual intercourse.

What are the maximum penalties for this offence?

The maximum penalty for sexual intercourse without consent in NSW is:

  • 14 years imprisonment with a standard non-parole period of 7 years.

What is Sexual Assault?

Sexual assault is recognized as a highly serious crime, carrying substantial penalties under Section 61I of the Crimes Act 1900 (NSW), wherein conviction may lead to a maximum of 14 years imprisonment, alongside a standard no-parole period of 7 years. Despite the gravity of these consequences, recent data from Crimes Statistics Australia indicates that 64% of sexual assault convictions result in full-time custodial sentences, including imprisonment. However, it’s important to note that the NSW Court maintains the authority to consider alternative penalties when appropriate.

In assessing each case, the Court takes into account various factors, including the nature of the offence, the individual’s character, criminal history, and personal circumstances. Based on these assessments, the Court may opt for less severe penalties such as Community Service Orders (CSOs), Intensive Corrections Orders (ICOs), good behaviour bonds, or fines. These alternative penalties serve to address underlying issues while facilitating the offender’s rehabilitation and societal reintegration.

Ultimately, the Court’s sentencing decision is guided by a comprehensive analysis of all pertinent factors, with the aim of achieving justice and meeting the needs of both the victim and the offender. For expert legal guidance and representation in cases involving sexual assault allegations, consult with an experienced criminal lawyer who can navigate the complexities of the legal system and advocate for your rights effectively.

What are your options at Law?

If you are facing charges of sexual intercourse without consent, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

What Are The Defences?

Our Sydney-based criminal defence lawyers employ various defence strategies to refute the allegations made against you.

  1. Actual Innocence

    Merely asserting innocence may not suffice to counter allegations of sexual assault. However, presenting evidence that establishes your absence from the scene of the offence can cast reasonable doubt on the accusations. For instance, if CCTV footage shows you at a different location during the alleged incident, it can bolster your claim of innocence and lead to a not guilty verdict.

  2. Consent

    Establishing consent can be complex and contentious. In NSW law, consent is deemed invalid under various circumstances, such as when the individual is asleep, unconscious, intoxicated, underage, intimidated, coerced, unlawfully detained, or when the perpetrator holds a position of trust. Proving that any of these conditions were met negates the defence of consent. However, demonstrating that the accused obtained free and voluntary consent from the victim can be challenging, especially in cases lacking concrete evidence.

  3. Mental Illness (Insanity Defence)

    This defence applies when it can be demonstrated that the accused suffered from significant mental impairment, rendering them unaware that their actions were morally wrong. To successfully invoke the insanity defence, it must be proven that the accused’s actions resulted from a mental illness that impaired their understanding of the consequences of their actions.


What If I Plead Guilty?

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Get Legal Advice Today!

Navigating the complexities of sexual assault allegations requires strategic legal expertise. Our experienced criminal defence team is dedicated to advocating for your rights and crafting a robust defence tailored to your case. Contact us today for comprehensive legal guidance and representation.

If you’ve been charged with sexual intercourse without consent, it’s crucial to seek legal advice promptly. Contact our experienced team today to schedule your first free consultation. We understand the complexities of such cases and are committed to providing you with expert guidance and support throughout the legal process. Don’t navigate this challenging situation alone—reach out to us now for personalized assistance tailored to your needs.

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