How to win a charge of sexual assault under section 61I Crimes Act 1900. Our specialist criminal defence lawyers have decades of experience and know how to win these sexual assault cases. You will be represented by one of Sydney’s best criminal lawyers that is an accredited specialist in criminal law. Call now for a free consultation.
At Powerhouse Law Australia, we understand that it is 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.
Call now to speak to a highly experienced and specialist lawyer for your case. Our team of Barristers and Solicitors are Accredited Specialist’s in Criminal Law has been defending clients and winning sexual assault charges for decades.
Contact us now on 1800 100 529 if you have been arrested or charged by police with a sexual assault or sexual touching offence. Our team of experts attend cases across New South Wales, including Sydney, Parramatta, Penrith, Blacktown, Burwood, Bankstown and Campbelltown.
We will assign a criminal law expert to relieve the stress associated with your case and provide you with professional advice, support, strategies, information, preparation and high-quality court representation focused on winning your case.
We strongly recommend you DO NOT do an interview with the police and to contact us first before attending the police station.
Sexual assault in NSW refers to sexual touching or sexual intercourse without consent offences. These charges are treated with the utmost care and seriousness, especially when children are involved.
Charges: 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 who knows that the other person does not consent to the sexual intercourse.
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:
Examples:
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. Our lawyers have a high success rate with winning these type of cases and employ the best barristers to advocate your case before the jury.
Our service is tailored to your circumstances to ensure that we attack all aspects of the case and help you win!
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.
Charges: Sexual Touching another person without consent
Section 61KC of the Crimes Act 1900
Aggravated under Section 61KD of the Crimes Act 1900
Brief description: Any person (the alleged offender) who without the consent of another person (the alleged victim) and knowing that the alleged victim does not consent intentionally sexually touches the alleged victim, is guilty of this offence.
Maximum penalty: Local Court is 2 years Imprisonment or $5,500.00
District Court: 5 years Imprisonment
Higher penalties apply for the aggravated form of this offence.
Definition: An assault is the deliberate and unlawful touching of another person with any part of the body or with anything else. The slightest touch is sufficient to amount to an assault. For an assault to be sexual, it must have a sexual connotation or overtone or done on the sexual body part. Further, the assault must be done without consent of the complainant, and knowing that the complainant did not give consent.
Examples:
Definition (Aggravated): In addition to the above, this offence includes circumstances of aggravation, such as:
1. What is the age of consent in NSW?
The law in NSW says that a person under 16 cannot legally consent to any type of sexual contact, even if they want to. Any sexual contact with someone under 16 is a criminal offence in NSW because the age of consent in 16 years.
2. What if the person is significantly intoxicated or “out of it”?
The law says that a person cannot consent, even if they do consent to a degree if they are significantly intoxicated, blacking in and out of consciousness, asleep, unconscious, or affected by drugs (it doesn’t matter if the drugs are legal or illegal). The person has to be awake, conscious and able to think clearly to consent to sex.
3. Does the person have to give actual consent?
It is important to now take steps to ascertain whether the alleged victim consents to the sexual activity. This may include asking certain questions to confirm consent or say or do did something to determine consent is given freely at all stages of the activity. This may require the person to seek consent multiple times.
4. What if a person does not resist?
This is not an indicator that the person is consenting. The law now specifically says that if a person does not offer actual physical resistance to a sexual activity, he or she is not, by that reason, regarded as consenting to the sexual activity.
5. Is it sexual assault if we are married or in a relationship?
Being married, in a de facto or in a relationship does not mean the person has offered consent. It is still sexual assault and the rules of consent still apply.
6. What if two people under the age of 16 have sex and both consent?
Usually police will not treat this as a crime. If you have more questions about this.
Meet with our Accredited Specialist in Criminal Law who defend sexual assault charges in Sydney. Simply fill in the contact form or call us now on 1800 100 529.
During your first consultation, we will listen to what you want, explain your case in detail, advise you on your options and make recommendations on how to best defend the allegations. We will also provide you with an estimate for the professional work that is needed for your case or apply for a grant of Legal Aid.
All first conferences are obligation-free.
