If you need the definition of sexual assault under NSW law, this article provides clarity.
Sexual assault, a grave crime, means non-consensually sexually penetrating another person. The Crimes Act 1900 (NSW) defines sexual assault in New South Wales, laying out its legal elements.
Section 61I of the Crimes Act 1900 (NSW) defines the offence of sexual assault: “Anyone who sexually engages with another person without their consent, and knowing they don’t have their consent, can face up to 14 years in prison.”
Definition of sexual assault: Understanding consent is crucial
Subdivision 1A of Division 10 of Part 3 of the Crimes Act 1900 covers Consent and knowledge of consent.
Section 61HI explains that consent refers to a person freely and voluntarily agreeing to sexual activity. This section also underscores that individuals can withdraw consent at any time and that lack of physical or verbal resistance doesn’t automatically imply consent.
Section 61HJ outlines circumstances indicating no consent, such as the influence of alcohol or drugs, the presence of force, intimidation, mistakes about the nature of the activity, or fraudulent inducements.
61HK addresses how one knows about or is reckless regarding consent.
Section 61HA(1) of the Crimes Act 1900 (NSW) defines “sexual intercourse” as:
- Penetration of a person’s genitalia or anus by another’s body part or an object.
- Introducing one’s genitalia into someone else’s mouth.
- Applying the mouth or tongue to female genitalia.
- Continuing the sexual acts mentioned above.
In many defended sexual assault cases, the defense argues that no such act took place or that both parties consented.
With the recent broadening of the consent definition, defending these cases has become challenging, especially when drugs and alcohol are involved with young individuals.
What’s Your Next Step?
If accused of sexual assault or sexual touching, contact Peter Proctor at Proctor & Associates for guidance or an appointment. Reach him at 02 9687 3777or peter@proctorlaw.com.au.
Sexual Assault FAQs
What is the definition of sexual assault?
Sexual assault is where a person has sexual intercourse with another person without their consent. The person must know that the other person doesn’t consent, or is reckless as to whether the other person consents or not. Sexual intercourse has a broad definition. (see S.61HA Crimes Act NSW)
How do you defend sexual assault charges?
Defending a charge of sexual assault or sexual touching is difficult but will depend upon the allegation; whether in fact it took place or if something did take place, whether consent was given. If you are charged with a sexual assault offence, you should contact an experienced lawyer who will give you advice in respect of the charge and the best way to approach the allegation against you.
What does sexually touching mean?
Sexual touching involves intent and circumstance. It occurs by way of deliberate touching by a person with any part of the body, or anything else, to the person of another in circumstances where a reasonable person would consider the touching to be sexual. Touching the private parts of a person would be sexual (see s.61HB of Crimes Act NSW).
Is groping a crime in Australia?
Yes. To grope the person of another could constitute “sexual touching” which is a crime in New South Wales. It would however depend upon what part of the body is touched and the circumstances of the touching.
What is classed as inappropriate touching?
Inappropriate touching is generally based on community standards of conduct which falls short of what a reasonable person would accept as acceptable behaviour.
What is an example of inappropriate touch?
Slapping or pinching a woman on the buttocks, rubbing your body against another person would be examples of inappropriate touching and for which you could be charged with an offence of “sexually touching” the person of another.
What is the penalty for sexual assault in NSW?
The penalty depends upon the charge that a person is found guilty of. Sexual Assault of an adult in New South Wales carries a maximum penalty of 14 years imprisonment. However, there are other degrees of seriousness (eg. Aggravated, in company, under the age of 16 years, under the age of 10 years) which carry far higher penalties and as high as life imprisonment in the case of sexual assault to a child under 10 years of age.
