Aggravated Sexual Assault is an extremely serious criminal charge. If you have been charged with aggravated sexual assault, contact George Sten & Co Criminal Lawyers Sydney. Our firm has over 50 years of experience in defending serious criminal charges and our sexual assault defence lawyers are able to defend an accused person to the highest possible standard and ensure the best possible outcome is achieved.

Aggravated Sexual Assault and The Law

CRIMES ACT 1900 – SECT 61J

Aggravated sexual assault

61J Aggravated sexual assault

• In this section,
  “circumstances of aggravation” means circumstances in which:

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the alleged offender is in the company of another person or persons, or

(d) the alleged victim is under the age of 16 years, or

(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(f) the alleged victim has a serious physical disability, or

(g) the alleged victim has a cognitive impairment, or

(h) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

In NSW, 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 liable to imprisonment for 20 years. ‘Aggravated Sexual Assault in Company’ carries a maximum penalty of life imprisonment.

Aggravated Sexual Assault Defence

Aggravated sexual assault is a very serious offence, which requires the police to prove specific elements before an accused person may be found guilty this offence. A judge sentencing in such a case has numerous penalty options available including life imprisonment. For these reasons, it is essential an accused person is represented to the highest possible standard.

This offence requires the police to establish specific elements before an accused person may be found guilty. For example, the police must prove that there was sexual intercourse, that there was no consent and that the accused person knew that the other person did not consent to the sexual intercourse. Each of these elements requires sufficient admissible evidence before an accused person may be found guilty. If one of these elements is not proved, an accused person may not be found guilty.

A common point of argument is whether or not the alleged victim consented to the claimed sexual assault. The law provides that the alleged offender knows that the victim is not consenting even if they are reckless as to whether the victim is consenting. This includes not knowing whether they are consenting or realises they might not be consenting but continues with the act. The law also provides that a person is assumed to “know” that the victim is not consenting if the accused has no reasonable grounds upon which to conclude that the victim was consenting.

Defences that may be raised by an accused person charged with a sexual assault offence include:

• Denying that sexual intercourse occurred
• Proving there was consent from the alleged victim
• Proving there was a reasonable belief that the alleged victim consented

If you have been charged with aggravated sexual assault, it is essential you are represented by an expert criminal defence lawyer. Our Criminal defence lawyers have over 50 years experience in defending sex offence charges and we can achieve the best possible outcome.

Conviction under an aggravated sexual assault charge imposes a standard non-parole period in accordance with the particular sexual assault offence. This means that a person convicted of a sexual assault offence will spend a certain amount of time in prison no matter the circumstances surrounding the facts of the particular case.

Don’t take risks with your future or freedom, the decisions in the first 24 hours could make or break your case.

For more information, contact George Sten & Co Criminal Lawyers. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at georgesten@criminal-lawyer.com.au.