Sexual assault refers to a range of criminal offences involving non-consensual sexual activity. It is a prevalent issue in today’s legal system, affecting numerous individuals who rightfully seek justice. Unfortunately, false accusations can also arise from various situations, such as social gatherings, historical claims, or disputes with former partners or family members.
Sexual assault is governed by the Crimes Act 1900 (NSW). There are many different types of sexual assault-related offences, but all sexual assault allegations or charges should be treated very seriously.
Those facing charges related to sexual assault are confronted with grave legal consequences, including lengthy prison sentences. Additionally, they endure the shame and humiliation associated with such allegations.
In most cases, the prosecution bears the burden of proving beyond a reasonable doubt that the accused engaged in sexual activity without the victim’s consent and with knowledge of that lack of consent.
Penalties for Sexual Assault offences
The severity of penalties for sexual assault offences varies based on the specific circumstances as follows:
Sexual Assault – Engaging in sexual intercourse with another person without their consent, knowing that consent is absent, may result in a maximum prison term of 14 years.
Aggravated Sexual Assault – Committing sexual intercourse without consent, with aggravating circumstances, can lead to a maximum imprisonment of 20 years.
Aggravated Sexual Assault in Company – Engaging in non-consensual sexual intercourse in the presence of others, with aggravating circumstances, may result in life imprisonment.
Assault with Intent to Have Sexual Intercourse – Inflicting bodily harm or threatening to do so with the intent of engaging in sexual intercourse may lead to a 20-year prison sentence.
Sexual Intercourse with a Child Under 10 – Engaging in sexual intercourse with a child under 10 years of age is a serious offence, punishable by life imprisonment.
Sexual Intercourse with a Child Between 10 and 16 – Having sexual intercourse with a person aged 10 to 14 years can result in a prison term of up to 16 years.
Aggravated Offense with a Child Between 10 and 14 – Committing sexual intercourse with a person aged 10 to 14 years under aggravating circumstances may lead to a maximum imprisonment of 20 years.
Sexual Intercourse with a Child Between 14 and 16 – Engaging in sexual intercourse with a person aged 14 to 16 years is punishable by up to 10 years’ imprisonment.
Aggravated Offense with a Child Between 14 and 16 – Committing sexual intercourse with a person aged 14 to 16 years under aggravating circumstances carries a maximum penalty of 12 years’ imprisonment.
Persistent Sexual Abuse of a Child – Engaging in sexual offences with a specific child on three or more separate occasions can result in a 25-year prison sentence.
Procuring or Grooming a Child Under 16 for Unlawful Sexual Activity: Intentionally involving a child in unlawful sexual activity may lead to imprisonment for varying durations, with a maximum of 15 years for children under 14, and 12 years for older children.
Incest – Having sexual intercourse with a close family member aged 16 or above may lead to imprisonment for a maximum of 8 years.
It is crucial to treat all sexual assault allegations or charges with the utmost seriousness, ensuring a fair and thorough legal process for all parties involved.
Defence
In cases of sexual assault, consent can be a crucial defence. Understanding the victim’s capacity to give consent is essential. For instance, in situations involving sexual assault where a person has a cognitive impairment, it may be a valid defence if you were unaware of the victim’s cognitive impairment. However, consent is not a valid defence in cases involving offences against children or individuals with cognitive impairments, as they may not possess the capacity to provide consent.
Married to the victim
Sexual assault allegations made by the married couple exist. Even if you are married, you can still face charges for sexual assault, aggravated sexual assault in company, and sexual assault with intent to have sexual intercourse.
Speak to CFS Legal dedicated lawyers in confidence about your offences. Book a FREE consultation, email: info@cfslegal.com.au