Sexual Assault Lawyer – penalties and defences

If you are looking for advice on a sexual assault matter, Proctor & Associates will advise you on the best course of action in order to obtain the best possible result for you. Should you find yourself charged with any matters relating to sexual assault, or any other offences, contact us immediately and organise an appointment.

Sexual Assault Charges Sexual Assault type offences are generally covered in s.61H through to s.80 of the Crimes Act, New South Wales. These sections cover a vast range of offences in respect of victims of varying ages.

  • S.61H – defines Sexual Assault. The definition of “sexual intercourse” is broadly defined.
  • S.61HA – deals with the issue of consent and addresses intoxication of the victim, mistaken identity and various other situations that a victim might be found.
  • s.61I – creates the offence of sexual assault without consent. This carries a maximum penalty of 14 years imprisonment.
  • s.61J – creates the offence of Aggravated sexual assault and carries a maximum penalty of 20 years. The word “aggravation” is defined in s.61J(2).
  • s.61JA – creates the offence of Aggravated sexual assault in company and carries a maximum penalty of Life imprisonment. This offence includes the inflicting of bodily harm on the victim or threatening to do so by use of an offensive weapon or instrument or depriving the victim of his or her liberty.
  • s.61K – creates the offence of inflicting injury on the person or a third person nearby or threatening to do so with an offensive weapon or instrument with the intention of having sexual intercourse with the person. This offence carries a maximum penalty of 20 years imprisonment.
  • s.61L – deals with the offence of Indecent Assault and carries a maximum penalty of 5 years imprisonment.
  • s.61M – deals with Aggravated indecent assault. Circumstances of aggravation is defined.
  • s.61N – deals with Acts of Indecency.
  • s.61O – deals with Aggravated Act of Indecency.

Further sections (66A – 66F) deal with offences involving children under the age of 10 years, those with cognitive impairment, abuse and grooming of children under the age of 10 years.

Other offences such as Incest (78A – 78F) and Bestiality (79-80) are also dealt with in Division 10.

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