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The punishment for sexual assault in Australia depends on the specific type of offence. The most serious offences can carry life imprisonment, however, most offences have lower maximum penalties.

The primary legislation for sexual offences is the Crimes Act 1900, although some less serious offences are contained in other acts. Specialist sexual assault lawyers can assist you if you have been charged with a serious sexual offence.

Sexual Touching

The maximum penalty for sexual touching is five years’ imprisonment.

The offence of sexual touching is contained in section 61KC of the Crimes Act 1900. It is defined as touching a person sexually without their consent. Whether touching is sexual depends on the part of the body touched and the nature of the touching. Sexual touching is what used to be known as indecent assault and is one of the most common sexual offences.

Obscene Exposure

The offence of obscene exposure carries a maximum penalty of 6 months imprisonment and/or 10 penalty units.

Under Section 5 of the Summary Offences Act 1988, a person commits the offence of obscene exposure if they expose their private parts in a public place.

Sexual Act

The maximum penalty for an offence of sexual act is 18 months imprisonment.

The offence of sexual act is committed if a person engages in a sexual act with another person without consent. Sections 61KE and 61KF of the Crimes Act 1900 sets out sexual act offences.

Act of Indecency

The maximum penalty for act of indecency is 7 years jail.

Section 61N of the Crimes Act 1900 sets out that a person commits an act of indecency offence if they act indecently with or towards another person without consent.

Sexual assault

The maximum punishment for sexual assault is 14 years imprisonment.

A person commits this offence if they engage in sexual intercourse with another person without that person’s consent.

Grooming

The maximum penalty for grooming is 12 years imprisonment.

Section 66EB of the Crimes Act 1900 sets out the offence of grooming. The offence is committed when a person engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance or with any financial or other material benefit with the intention of making it easier to procure the child for unlawful sexual activity.

Filming a Person’s Private Parts

Filming a person’s private parts carries a maximum penalty of 100 penalty units and/or 2 years imprisonment.

This offence is committed if you film a person’s private parts for the purpose of obtaining sexual gratification. Filming a person’s private parts is contained in section 91L of the Crimes Act 1900.

Possession of Child Abuse Material

The maximum punishment for an offence of possession of child abuse material is 10 years imprisonment.

Section 91H of the Crimes Act 1900 contains the offence of possess child abuse material. The section also contains offences of production and dissemination of child abuse material.