Sexual assault is an offence under Section 61I of the Crimes Act 1900, which states:
any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse
To be found guilty of sexual assault the prosecution must prove beyond reasonable doubt that:
- sexual intercourse occurred
- the victim was not consenting
- the defendant was aware at the time that the victim was not consenting
The concept of consent in sexual assaults is both crucial and complex. Sexual assault is a serious criminal offence which carries a maximum penalty of 14 years imprisonment so it is imperative that you get immediate legal advice if you have been charged with this offence.
William Vahl of North Shore Criminal Law is an Accredited Criminal Law Specialist with over 19 years experience defending people who have been charged with sexual assault. Talk to us before you talk to the police. Call (02) 9955 2298 or 0400 4464 24 (24 hour emergency service).