Sexual Assault
Lawyers In Parramatta, Penrith

Sexual Assault Criminal Defence Lawyers Sydney NSW

Our team of highly experienced criminal defence Solicitors and Barristers have been defending clients in these matters for decades and specialise in this area of law. Our team is ready to relieve the stress associated with your case and will provide you with professional advice, support, strategies, information, preparation and high quality court representation focussed on winning your case.

Contact us now on 1800 100 529 if you have been asked to speak to police regarding a sexual assault allegation or if you have been arrested or charged by police with a sexual assault or indecent assault offence.

At Powerhouse Law Australia, we understand that it can be very embarrassing, overwhelming and very upsetting when a person is confronted with a sexual assault allegation. This area of law is very complex and has serious ramifications if it is not addressed properly from the beginning.

 

Sexual Assault Cases in NSW

Sexual assault and indecent assault cases in NSW are treated with the utmost care and seriousness, especially when children are involved.

Charges (see below for indecent assault matters):
Sexual Assault or Sexual Intercourse without Consent
Section 61I of the Crimes Act 1900

There is an ‘aggravated’ section to this charge which is more serious, under Section 61J of the Crimes Act 1900.

Brief description:
Any person who has sexual intercourse with another person without the consent of the other person (and in circumstances of aggravation) and who knows that the other person does not consent to the sexual intercourse is guilty of this offence.

Maximum penalty:
District Court: 14 years Imprisonment (7 years Standard Non-Parole Period). If aggravated, the charge carries 20 years Imprisonment (10 years Standard Non-Parole Period NPP)

Definition:
Sexual intercourse is the penetration of the genitalia of a woman or anus of any person by the body part of a person or by any object manipulated by a person, or introducing a penis into a person’s mouth, or cunnilingus, or continuing sexual intercourse.

Definition (Aggravated):
In addition to the above, the aggravation, may include:

  • the offence was committed by more than one person (in company)
  • the victim is less than 16 years of age
  • actual bodily harm was caused to the victim
  • actual bodily harm is threatened with an offensive weapon to the victim or other person
  • the victim is under the offender’s authority
  • the victim has a serious physical disability, or
  • the victim has a cognitive impairment
  • break and enter
  • the victim is deprived of his/her liberty

Examples:

  • Forcing a penis into another person’s mouth
  • Not stopping sexual intercourse when the other person makes it clear that they no longer consent
  • Placing an object into the vagina of a woman without consent

 

Indecent Assault

Charges:
Indecent Assault
Section 61L of the Crimes Act 1900

Indecent Assault (Aggravated)
Section 61M of the Crimes Act 1900

Brief description:
Any person who assaults another person (in circumstances of aggravation) and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person is guilty of this offence.

Maximum penalty:
Local Court: 2 years Imprisonment and/or $5,500.00
District Court: 5 years Imprisonment

Maximum penalty (Aggravated):
Local Court: 2 years Imprisonment or $11,000.00
District Court: 7 years Imprisonment (5 years standard non-parole period)
District Court if victim is less than 16 years old: 10 years Imprisonment (7 years standard non-parole period)

Definition:
An assault is the deliberate and unlawful touching of another person. The slightest touch is sufficient to amount to an assault. For an assault to be indecent, it must have a sexual connotation or overtone. Further, the assault must be done without consent of the complainant, and knowing that the complainant did not give consent.

Examples:

  • Touching the anus of a male
  • Touching the breast of a female
  • Grabbing the buttocks of a person

Definition (Aggravated):
In addition to the above, this offence includes circumstances of aggravation, such as:

  • the offence was committed in company
  • the victim is less than 16 years of age
  • the victim is under the offender’s authority
  • the victim has a serious physical disability, or
  • the victim has a cognitive impairment

Your Options:

Plead not guilty and defend the charge at a hearing:
If the charge is ‘strictly indictable’, then it can only be finalised in the District Court. Once you have reviewed your case, your lawyer can formulate strategies to defend you before the case proceeds to the District Court.

If the matter is committed to the District Court, you will have a trial by jury. This process is lengthy and requires extensive preparation, research and clever advocacy by your lawyer in court. We strongly recommend you call us now on 1800 100 529 for a free first consultation to discuss your case.

Plead guilty:
This option needs to be investigated carefully and proper legal advice needs to be given to you before a decision is made. However, it is available and may have some advantages. Contact us now on 1800 100 529 to discuss your case with an experienced defence lawyer.

Click here to read about of experience criminal defence lawyers.

 

Our team of highly experienced criminal defence Solicitors and Barristers have been defending clients in these matters for decades and specialise in this area of law. Our team is ready to relieve the stress associated with your case and will provide you with professional advice, support, strategies, information, preparation and high quality court representation focussed on winning your case.

Contact us now on 1800 100 529 if you have been asked to speak to police regarding a sexual assault allegation or if you have been arrested or charged by police with a sexual assault or indecent assault offence.

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