Updated 1 Jan 2021
If you are are facing sexual assault charges, or you’re looking for advice on a sexual assault matter, Proctor & Associates will advise you on the best course of action in order to obtain the best possible result for you. Should you find yourself charged with any matters relating to sexual assault, or any other offences, contact us immediately and organise an appointment.
Sexual Assault Charges – The Offences
Sexual Assault type offences are generally covered in s.61H through to s.80A of the Crimes Act, New South Wales. These sections cover a vast range of offences in respect of victims of varying ages.
- S.61HA – defines Sexual Assault. The definition of “sexual intercourse” is broadly defined.
- S.61HB – defines Sexual Touching. This a new area of law which commenced 1 December 2018.
- S.61HE – deals with the issue of consent and addresses intoxication of the victim, mistaken identity and various other situations that a victim might be found.
- s.61I – creates the offence of sexual assault without consent. This carries a maximum penalty of 14 years imprisonment.
- s.61J – creates the offence of Aggravated sexual assault and carries a maximum penalty of 20 years. The expression “circumstances of aggravation” is defined in s.61J(2).
- s.61JA – creates the offence of Aggravated sexual assault in company and carries a maximum penalty of Life imprisonment. This offence includes the inflicting of bodily harm on the victim or threatening to do so by use of an offensive weapon or instrument or depriving the victim of his or her liberty.
- s.61K – creates the offence of inflicting injury on the person or a third person nearby or threatening to do so with an offensive weapon or instrument with the intention of having sexual intercourse with the person. This offence carries a maximum penalty of 20 years imprisonment.
- s.61KC – deals with the offence of sexual touching and carries a maximum penalty of 5 years imprisonment.
- s.61KD – deals with Aggravated sexual touching. The expression “Circumstances of aggravation” is defined (eg. in company, the victim is under the authority of the alleged offender, or the victim has a serious physical disability, or cognitive impairment.
Further sections (66A – 66F) deal with offences involving children under the age of 10 years, those with cognitive impairment, abuse and grooming of children under the age of 10 years and those between the age of 10 – 16 years..
Offences of sexual intercourse and sexual touching against young persons (between 16 & 18 old) under special care are dealt with under Subdivision 11 (cf. ss.72B – 73A
Other offences such as Incest (78A – 78F) and Bestiality (79-80) are also dealt with in Division 10 (subdivisions 12 & 13).
It is vital that you DON’T SPEAK TO THE POLICE until you have received advice from your lawyer.
What to do next?
Contact a lawyer at Proctor & Associates on 9687 3777 and we will arrange a confidential conference with you and discuss your problems and give you important advice.