Sexual Assault Lawyers Sydney

Sexual assault is a major criminal offence, carrying with it severe consequences and penalties. If you have been accused of sexual assault or another sexual offence, contacting a lawyer is highly advisable to ensure that you are properly represented in court. 

At Astor Legal, we have the best specialised sexual assault solicitors who are committed to providing you with the best defence when faced with criminal charges. 

Astor Legal: Best Sexual Assault Lawyers Sydney & Parramatta

Our team is recognised as one of the leading criminal defence firms in Sydney and Parramatta, as reflected in:

• Our team being led by Avinash Singh, a Law Society-accredited specialist in criminal law – placing us in the top 6% of criminal lawyers
• Our proven track record of having charges dropped, dismissed, and ensuring no conviction is recorded
• Over 100 genuine client reviews and multiple industry awards

Contact us online or call us on (02) 7804 2823 to speak to our friendly team who are available 24/7.

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Defining Sexual Assault Under Law

Sexual intercourse without consent is a serious offence under Section 61I of the Crimes Act 1900 (NSW). This offence is commonly referred to as sexual assault and, in many cases, is legally considered rape. It is distinct from sexual touching offences, which involve non-consensual contact that does not amount to sexual intercourse.

To prove a charge of sexual assault, the police and prosecution must establish three key elements:

1. That there was sexual intercourse; and
2. That is was without the other persons consent; and
3. That they knew the other person wasn’t consenting.

The maximum penalty for sexual assault is 14 years’ imprisonment, with a standard non-parole period of 7 years.

Aggravated sexual assault (Section 61J) involves the same offence but with additional aggravating factors—such as the use of a weapon, physical harm, or committing the offence with others—resulting in a harsher maximum penalty of 20 years’ imprisonment (or life if committed in company).

Types of Sexual Offences

There are many forms of sexual offences under Australian law. Here are some forms of sexual assault you can be charged with, along with links to our dedicated pages for each: 

• Aggravated Sexual Assault
• Indecent Assault
• Sexual Assault
• Sexual Touching
• Sexual Intercourse with Child
• Child Pornography
• Possess Child Abuse Material
• Child Grooming
• Distribute Intimate Image Without Consent
• Record Intimate Image Without Consent
• Failing to Comply with Reporting Obligations

Defining Consent 

Consent is defined in Section 61HA of the Crimes Act 1900 (NSW).

A person consents to sexual intercourse if they freely and voluntarily agree to it.

If it is alleged that the sexual intercourse was non-consensual, the prosecution must prove one of the following:

1. The defendant knew the other person was not consenting; or

2. The defendant was reckless as to whether or not the other person was consenting; or
3. The defendant had no reasonable basis to believe the other person was consenting.

A person cannot consent to sexual contact if:

1. They do not have capacity to consent because of their age (i.e. Under 16 years of age or under 18 years of age if a ‘special care relationship’) or cognitive incapacity;
2. They are asleep or unconscious;
3. They have consented because of threats or are unlawfully detained.

A person has “knowledge” about lack of consent to the sexual contact if:

1. The person knows the alleged victim does not consent; or
2. The person is reckless as to whether the alleged victim consents; or
3. the person has no reasonable grounds for believing the alleged victim consents.

Grounds on which it can be established that a person does not consent to sexual contact include:

1. The alleged victim was substantially intoxicated by drugs or alcohol; or
2. The consent was elicited through intimidation, coercion, or threats of force; or
3. The consent was elicited through abuse of a position of authority or trust.

Defences Against Sexual Assault

The main defence against sexual assault is the defence of consent. 

If a person is charged with a sexual offence involving an adult, they can use consent as a legal defence—except in cases of incest, where consent is not considered.

In cases of rape, consent is the main available legal defence. However, the legal definitions of these offences vary across states and territories, meaning the way the consent defence applies differs depending on the jurisdiction.

There can also be defences of identification (ie. that you did not have sexual intercourse with the complainant) available.

Aggravated Sexual Assault Offences: What You Should Know

Aggravated Sexual Assault is a more serious form of sexual assault due to the presence of specific aggravating circumstances. These factors make the offence more severe, leading to harsher penalties.

Aggravated Sexual Assault is defined under Section 61J of the Crimes Act 1900 (NSW). It occurs when a person sexually assaults another person (as defined in Section 61I) and one or more aggravating factors are present.

The maximum penalty for Aggravated Sexual Assault is 20 years’ imprisonment. If the offence is classified as Aggravated Sexual Assault in Company (Section 61JA), the maximum penalty increases to life imprisonment. 

Aggravating Factors

A sexual assault is considered aggravated if it involves any of the following:

• 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
• 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
• The alleged offender is in the company of another person or persons
• The alleged victim is under the age of 16 years
• The alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender
• The alleged victim has a serious physical disability 
• The alleged victim has a cognitive impairment
• 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
• The alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence

Legal Rights and Support For Sexual Assault Victims

If you are a victim of sexual assault, there are many avenues you can turn to for support. The NSW police, NSW Sexual Violence Helpline, NSW Health Sexual Assault Services, and 1800RESPECT are all resources available to you. 

You have the right to report any sexual assault to the police, although it is up to you. There is no timeline on when you can step forward, meaning whenever you are ready is the right time. 

As Sydney’s Top Criminal Lawyers, You Want Astor Legal On Your Side 

Being accused of sexual assault is a serious matter, and getting the best legal defence is paramount if you find yourself in this situation. With years of experience and knowledge of this area of the law, you can put your trust in Astor Legal.

Don’t leave your future to chance – get in contact with us today. 

Frequently Asked Questions

What is the burden of proof for sexual assault in NSW?

In New South Wales, a person can be found guilty of sexual assault only if the prosecution proves beyond a reasonable doubt that sexual intercourse occurred, the other person did not consent, and the accused knew the other person was not consenting.

What is the difference between sexual assault, sexual abuse and indecent assault?

Sexual assault involves non-consensual sexual intercourse (rape). imprisonment in NSW. Indecent assault refers to non-consensual sexual touching that is considered indecent.. Sexual abuse is a broader term used to describe ongoing or exploitative sexual misconduct, often in cases involving children or institutional abuse.

How serious is a sexual assault accusation?

Sexual assault is an extremely serious crime that causes immense distress to the victim. Even if you have been falsely accused of sexual assault, you should take the accusations with weight, as it is a serious offence that you do not want to be convicted of if you are not guilty.