Call our Sexual Assault Lawyer Sydney for help with your sexual assault charges (02) 9533 2269

Our experienced criminal lawyers will advise you in relation to sexual assault charges, and defend you in Court

Sexual assault is an offence which carries a maximum penalty of 14 years’ imprisonment (section 61I, Crimes Act). It is a serious offence, and you should seek legal advice as soon as possible – (02) 9533 2269

What is a Sexual Assault?

Sexual assault is defined as a person having sexual intercourse with another person without the consent of the other person, knowing that the other person does not consent to the sexual intercourse.

Sexual intercourse is defined very widely by section 61HA – you can read the details here. It encompasses much more than what is commonly understood by the words “sexual intercourse”.

Consent is a matter that often looms large in sexual assault cases.

Naturally, if a charge relates to a violent sexual assault perpetrated by a stranger, consent is unlikely to be in issue. In such cases, identification of the perpetrator is more likely to be the main issue. If you have been charged with a sexual offence and it is a case of mistaken identity, get in touch with Criminal Lawyers Sydney and Suburbs – (02) 9533 2269 – and speak to a sexual assault lawyer as soon as possible.

Consent as an Element of the Offence of Sexual Assault

The vast majority of sexual assault cases involve persons who are known to each other. Some of these may have known each other for many years.  More commonly the persons have just met. Cases where the people know each other are the cases where the alleged victim’s consent (or lack thereof) may be a significant issue in the case. If consent to the particular sexual activity is not freely and voluntarily given, then the action will likely constitute a sexual assault.

There is no consent if an alleged offender engages in sexual activity knowing that the alleged victim does not consent or if the alleged offender is reckless as to whether the alleged victim consents, or if the alleged offender has no reasonable belief that the alleged victim consents (section 61HK).

Consent Clarified in the Crimes Act

Consent is an issue which has been the subject of controversy in recent years. This has resulted in the relevant parts of the Crimes Act being amended in an effort to clarify what amounts to consent, and what doesn’t and how the issue of consent should be dealt with by the Courts. Consent is a complex area of law. If you have been charged with sexual assault where consent may be the main issue, call Criminal Lawyers Sydney and Suburbs without delay – (02) 9533 2269.

Although consent (or lack thereof) can be tricky to work out in many cases, there are circumstances where there can be no consent, including where the victim does not have the capacity to consent at law due to their age (under 18), or an intellectual (cognitive) disability.

Consent is also vitiated where there is a mistaken belief as to the alleged offender’s identity, or where the alleged victim was substantially intoxicated, or where the alleged victim was coerced (often where the alleged offender has some form of power over the alleged victim).

Sexual Assault Penalties

If found guilty (or if you plead guilty) to sexual assault, you may face a lengthy term of imprisonment. There are also other penalties, including the requirement that you be listed on the Sex Offenders Register. The impact of a conviction for sexual assault can be lifelong, or at least very long lasting. For these reasons alone, if you have been charged with sexual assault, you should contact Criminal Lawyers Sydney and Suburbs – (02) 9533 2269 – as a matter of priority. We will advise you in relation to the prospects of having the charge dismissed and all other options, including negotiating for a lesser charge.

Speak to a sexual assault lawyer – Sydney
(02) 9533 2269 today