Aggravated Sexual Assault

Aggravated Sexual Assault Lawyers

Our dedicated team of aggravated sexual assault lawyers have years of experience in defending clients these charges. The stakes for such offences are extremely high, so it is important that you have the best criminal lawyers by your side. You can see our recent results for aggravated sexual assault charges.

We understand the stigma that comes with such allegations and the impact it can have on your employment and family life. As such, it is crucial to speak to an accredited specialist in criminal law early so that we can begin working on your case.

Contact us now and speak to our friendly team today.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Aggravated Sexual Assault in NSW?

  Section 61J of the Crimes Act 1900 (NSW) sets out the definition of aggravated sexual assault as engaging in sexual intercourse with another person without their consent, and at the time a circumstance of aggravation existed.

  This is a strictly indictable charge. As such, it must be finalised in the District Court.

   

  How Do You Beat an Aggravated Sexual Assault Charge?

  You can fight an aggravated sexual assault charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You engaged in sexual intercourse with the complainant, and
  2. The complainant did not consent to the sexual intercourse, and
  3. You were aware (or should have been aware) that the complainant was not consenting; and
  4. That a circumstance of aggravation existed at the time of the sexual intercourse.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

  Community attitudes have changed significantly since the #metoo movement which has made fighting such allegations more difficult than ever before.

  Our specialist sexual assault lawyers have a proven track record of breaking apart prosecution cases by meticulously analysing the statements of alleged victims and cross-examining them to ensure false allegations are exposed.

  Contact us today to speak to our friendly team.

   

  What is Aggravated Sexual Assault in Company?

  The definition of ‘Aggravated sexual assault in company’ is set out in Section 61JA of the Crimes Act, in addition to the above four points, the prosecution must also prove:

  1. You were in company of one or more people at the time of the sexual intercourse.

  What are Circumstances of Aggravation?

  The following are circumstances of aggravation:

  1. at the time of, or immediately before or after, the commission of the offence, you intentionally or recklessly inflicted actual bodily harm on the alleged victim or any other person who was present or nearby;
  2. at the time of, or immediately before or after, the commission of the offence, you threatened to inflict actual bodily harm on the alleged victim or any other person who was present or nearby by means of an offensive weapon or instrument;
  3. you were with another person or persons;
  4. the alleged victim was under the age of 16 years at the time of the offence;
  5. the alleged victim was under your authority;
  6. the alleged victim had a serious physical disability or cognitive impairment;
  7. you broke into and entered any dwelling-house or other building with the intention of committing the offence or another serious indictable offence;
  8. you deprived the alleged victim of his/her liberty for a period before or after the offence

  What is the Definition of Sexual Intercourse? 

  Sexual intercourse is defined in Section 61HA of the Crimes Act 1900 (NSW) as:

  1. penetration of the genitals of a female by the body of another person or an object manipulated by another person; or
  2. Penetration of the anus or mouth of any person by the body of another person or an object manipulated by another person; or
  3. Cunnilingus (oral sex).

  What is Consent?

  See our page on consent.

   

  What are the Defences to Aggravated Sexual Assault?

  You may be found ‘not guilty’ to this offence under the following circumstances:

  1. Consent: We can argue that the alleged victim consented to the sexual intercourse. There are however some situations where this cannot be used as a defence (for example if the alleged victim was too intoxicated to consent). See our page on
  2. Honest and reasonable mistake: You held an honest and reasonable belief that the alleged victim was consenting.
  3. Identification: The Crown cannot establish that you were responsible. We have a number of experts (such as DNA, fingerprint, CCTV and intoxication experts) who are able to cast doubt on identification in certain situations;
  4. Automatism: This is where the offending was involuntary. This can sometimes involve sleep disorders.
  5. Duress: You were forced to commit the offence
  6. Necessity: the commission of the offence was necessary in the circumstances
  7. There was a proper medical purpose for the sexual intercourse;
  8. A circumstance of aggravation cannot be proved
  9. If you are charged with ‘Aggravated sexual assault in company’ and the prosecution cannot prove that you were in company of at least one other person.

   

  Should you be able to establish one of the above defences, you will be found ‘not guilty’.

  If you wish to plead ‘not guilty’, it is important you speak to a specialist aggravated sexual assault solicitor as soon as possible.

  Contact us now so that we can begin preparing your defence immediately.

• PLEADING GUILTY

  Before pleading guilty, it is important to first speak with an experienced sexual assault lawyer to exhaust all other avenues before resorting to this option without losing out on some of the benefits you can get from pleading guilty.

  Our guide will assist you in preparing for sentencing. However, you will need to consult one of our senior aggravated sexual assault lawyers for representation in Court and specific advice for your case.

  Contact us now to arrange an appointment.

   

  What is the Penalty for Aggravated Sexual Assault?

  The maximum penalty for aggravated sexual assault is 20 years imprisonment.

  There is also a Standard Non-Parole Period which is 10 years imprisonment.

   

  What is the Penalty for Aggravated Sexual Assault in Company?

  The maximum penalty for aggravated sexual assault in company is life imprisonment.

  There is also a Standard Non-Parole Period which is 15 years imprisonment.

  The SNPP is the starting point for the period of time you must spend in jail. This is not mandatory but more of a guide.

  Contact us now to discuss your case with our specialist criminal lawyers for aggravated sexual assault charges.

   

  What are the Possible Sentences for Aggravated Sexual Assault?

  Below is a list of potential sentencing options for a charge of aggravated sexual assault:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

   

  Offences of this nature almost always lead to a gaol sentence. The statistics for aggravated sexual assault offences are set out below.

  Will you go to jail for Aggravated Sexual assault?

  Looking at statistics since 2018, it is no surprise that 100% of persons found guilty of this offence were sentenced to full-time imprisonment. The length of imprisonment ranges from 3 years to over 20 years.

  Being found guilty of this offence will result in a term of imprisonment. As such, you should speak to Australia’s best aggravated sexual assault lawyers to give you the best defence possible.