Sexual Assault Charges

Sexual Assault

Sexual assault offences are taken very seriously, and they can result in severe penalties if found guilty. The exact charges and penalties you face will depend on the nature and severity of the offence.

If you are charged with a sexual assault offence, you should see a lawyer quickly.

Common sexual assault offences

Following are some common sexual assault offences and their potential penalties in NSW. It’s important to note that these penalties are general guidelines and can vary depending on the specific circumstances of each case.

• Sexual Assault: This offence involves any unwanted sexual act or behaviour without the consent of the victim. The penalty for sexual assault can vary, depending on the circumstances and severity of the offence. It can range from imprisonment for up to 14 years to life imprisonment.
  
• Aggravated Sexual Assault: Aggravated sexual assault refers to sexual assault offences committed under aggravating circumstances, such as the use of a weapon, infliction of grievous bodily harm, or being in company with others. The penalty for aggravated sexual assault can be life imprisonment.
  
• Indecent Assault: Indecent assault involves the commission of an indecent act without consent. The penalty for indecent assault can range from imprisonment for up to 5 years to imprisonment for up to 7 years, depending on the circumstances.

This is just a guideline and the courts take into account factors such as the nature of the offence, the harm caused to the victim, the presence of any aggravating factors, and the individual circumstances of the accused.

Will I have to go to Court?

If you are charged: Yes.

It may be that if the matter is serious, you will probably have to be committed for trial in the District Court. However, the Director of Public Prosecutions will review the case to determine what charges are finally relied upon. This can be an opportunity to negotiate to reduce or perhaps even withdraw charges.

If the matter proceeds to court, the likelihood of imprisonment if found guilty depends on various factors, including the nature and severity of the offence, the individual circumstances of the accused, any previous criminal record, and the specific evidence presented in court. The courts consider these factors in determining an appropriate penalty, which may include imprisonment.

What can I do?

Get legal advice urgently.

If you have been charged with a sexual assault offence it is important to get legal advice so that you can prepare your best case. Call our criminal and traffic lawyer or book a free initial 15 minute telephone consult today.

If you need it, get medical assistance, as quickly as possible.

Gather the names, contact details and addresses of any witnesses you might have so that the lawyer can start investigations quickly.