Sexual Assault
- Date: 2010-08-22 - Word Count: 492
Share This!
What the law states
The offence of sexual assault is outlined in s 61I of the Crimes Act 1900 (NSW). The main requirements of this offence include:
a) Sexual intercourse
b) No consent
c) Knowledge of the lack of consent
Sexual intercourse is defined by the Act as
• the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
• the penetration to any extent of the anus of any person by any part of the body of another person;
• the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
• a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
• cunnilingus (oral sex performed on the genitals of a female).
Consent is defined as free and voluntary agreement of a person to have sexual intercourse. It is important to realise that the absence of consent is not confined to a person actively saying 'no'. A person can be unable to consent due to being asleep, unconscious, under the relevant age of consent, suffering from a cognitive incapacity, is under duress or unlawfully detained. This means that although the person may not actively indicate that they are not consenting, the absence of such indication cannot be taken for consent. For more information on consent click here.
An accused can be said to have knowledge of the lack of consent if they actually know that there is no consent, they are reckless as to whether or not there was consent or there are no reasonable grounds for believing that there is consent.
Defences to this offence
Defences to sexual assault include but are not limited to: duress. Simply being unaware that the other person does not consent may not be a defence to this offence.
Penalties
The maximum penalty for this offence is 14 years imprisonment and the standard non-parole period is 7 years. If you have been charged with this offence, you may be able to defend it, and thus be found not guilty. Any attempt to commit sexual assault will result in the same penalty as that provided for the commission of the offence.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
Our criminal lawyers at Prime are experienced in defending sexual assault charges. If you have been charged with sexual assault, they can assist you in determining the direction of your matter and should you choose to defend the charge, will exercise all options available to achieve the best outcome for you.
The offence of sexual assault is outlined in s 61I of the Crimes Act 1900 (NSW). The main requirements of this offence include:
a) Sexual intercourse
b) No consent
c) Knowledge of the lack of consent
Sexual intercourse is defined by the Act as
• the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
• the penetration to any extent of the anus of any person by any part of the body of another person;
• the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
• a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
• cunnilingus (oral sex performed on the genitals of a female).
Consent is defined as free and voluntary agreement of a person to have sexual intercourse. It is important to realise that the absence of consent is not confined to a person actively saying 'no'. A person can be unable to consent due to being asleep, unconscious, under the relevant age of consent, suffering from a cognitive incapacity, is under duress or unlawfully detained. This means that although the person may not actively indicate that they are not consenting, the absence of such indication cannot be taken for consent. For more information on consent click here.
An accused can be said to have knowledge of the lack of consent if they actually know that there is no consent, they are reckless as to whether or not there was consent or there are no reasonable grounds for believing that there is consent.
Defences to this offence
Defences to sexual assault include but are not limited to: duress. Simply being unaware that the other person does not consent may not be a defence to this offence.
Penalties
The maximum penalty for this offence is 14 years imprisonment and the standard non-parole period is 7 years. If you have been charged with this offence, you may be able to defend it, and thus be found not guilty. Any attempt to commit sexual assault will result in the same penalty as that provided for the commission of the offence.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
Our criminal lawyers at Prime are experienced in defending sexual assault charges. If you have been charged with sexual assault, they can assist you in determining the direction of your matter and should you choose to defend the charge, will exercise all options available to achieve the best outcome for you.
Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers in Sydney.n
n Your Article Search Directory : Find in Articles
Recent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De