Sexual Offences in New South Wales
According to the NSW Bureau of Crime Statistics and Research, in 2023, the NSW Police recorded 17,386 sexual offences, with 54% being sexual assault offences and 46% being sexual touching or other sexual offences.
Sexual offences are serious crimes in NSW and often lead to lengthy custodial sentences. If you’ve been accused of a sexual offence, it is critical to seek representation from experienced Blacktown Criminal Lawyers.
Sexual Intercourse Without Consent
Sexual intercourse without consent, commonly known as sexual assault, is an offence under section 61I of the Crimes Act 1900 (NSW). The maximum penalty is 14 years’ imprisonment, with a standard non-parole period of 7 years.
To prove this offence, the prosecution must establish that:
a. sexual intercourse occurred, and
b. the complainant did not consent to the sexual intercourse, and
c. the accused knew the complainant was not consenting.
Sexual Intercourse
Under the Crimes Act 1900, sexual intercourse includes any of the following acts:
- The penetration of the genitalia or anus of a person by any part of the body of another person or an object manipulated by another person,
- The introduction of any part of genitalia of a person to the mouth of another person,
- The application of the mouth or tongue to any part of the female genitalia.
To prove sexual intercourse, the prosecution often rely on the evidence of the complainant which is usually corroborated by forensic evidence such as DNA or medical evidence.
Consent
There is consent when a person with the capacity of consent, freely and voluntarily agrees to the sexual activity. The Crimes Act 1900 has specifically provided for circumstances in which there is no consent, they include:
- When a person does not say or do anything to communicate consent, or
- When a person does not have capacity to consent, or
- When a person is so affected by drugs or alcohol as to render them incapable to consent, or
- When the person is asleep or unconscious, or
- When the person participates in the sexual act because of force, fear or force, blackmail, coercion, intimidation.
According to our Criminal Lawyers Blacktown, charges of sexual assault are often defended on the bases that the sexual intercourse was consensual. The prosecution must prove the sexual intercourse was without consent and can rely on any of the circumstances above to prove lack of consent.
Knowledge of Lack of Consent
The prosecution must also prove that the accused had knowledge that the complainant was not consenting to the sexual intercourse.
The accused is taken to know that the complainant is not consenting if the accused/’s:
- actually knows that the complainant is not consenting, or
- is reckless as to whether the complainant is consenting, or
- belief that the complainant is consenting is not reasonable in the circumstances.
Sexual Touching
The offence of sexual touching or previously known as indecent assault is contrary to section 61KC Crimes Act 1900 and is punishable by imprisonment of a maximum of 5 years.
For a successful prosecution of a sexual touching charge, the prosecution must prove:
- The accused without the consent of the complainant, and
- Knowing the complainant does not consent, and
- Intentionally:
- Sexually touches the complainant, or
- Incites the complainant to sexually touch the accused, or
- Incites a third person to sexually touch the complainant, or
- Incites the complainant to sexually touch a third person.
The most common scenario is where a person is accused of intentionally sexually touching another person without their consent and knowing that the other person is not consenting.
Sexual touching means touching of another person with any part of the person’s body or anything else whether through clothing or not in circumstances where a reasonable person would consider the touching to be sexual.
Defending a Sexual Offence Charge
Sexual offence charges are complex. A strong defence may involve:
Challenging whether intercourse or touching occurred
Establishing genuine and reasonable belief in consent
Our Criminal Lawyers in Blacktown have experience defending serious sexual offences in the Local and District Courts of NSW.
Need Help from a Criminal Defence Lawyer?
If you are under investigation or have been charged with a sexual offence, contact our team at AMA Legal on (020 8610 3764.
