Sexual Assault (including Child Sexual Assault)
(including child sexual assault matters - we have the expertise to deal with these matters which are, at times, delicate in the extreme).
Sexual assault is defined as having sexual intercourse with another person without the consent of the other person and knowing that the other person does not consent to the sexual intercourse. Reckless indifference is valid for conviction and it is an entirely subjective test.
Sexual intercourse is defined as oral sex, anal sex and penetration by inserting objects.
Sexual intercourse is also defined as a continuing act, therefore if consent is withdrawn at anytime but the other person does not stop then it is defined as sexual assault. The maximum penalty for sexual assault is 14 years imprisonment with a non-parole period of 7 years.
Aggravated assault includes factors as: the victim being under 16 years of age, their reduced mental or physical condition, or the relationship between the accused and the complainant such as parent, teacher or a person in authority or the threatening of the victim with an offensive instrument. The penalties include a maximum penalty of 20 years with a standard non parole period of 10 years.
At the Criminal Law Centre we are specialists in Sexual Assault, dedicated to providing expert legal counsel. If you are a target of an investigation related to sexual crimes, or have already been arrested and charged with a sex related crime, don't hesitate to call the Criminal Law Centre on (02) 9891 4200. We are on your side.
