Sexual Intercourse without consent is contained within s61I Crimes Act 1900. To prove a sexual assault the police and prosecution will need to prove 3 main elements:
The maximum penalty for this offence is 14 years imprisonment. There is also a standard non-parole period of 7 years.
Assaulting someone with the intention to have sexual intercourse, or attempting to have sexual intercourse without consent are very serious, related offences.
Sexual offences can be aggravated by certain kinds of conduct, which can be found in s61J and 61JA Crimes Act 1900.
Aggravated Sexual Assault has a maximum of 20 years imprisonment.
Aggravated Sexual Assault in company has a maximum penalty of life imprisonment.
Consent is defined in is defined in section 61HA Crimes Act 1900.
A person is consenting to sexual intercourse if they freely and voluntarily agree to the sexual intercourse.
If it is being alleged that the sexual intercourse wasn’t consensual, then it is the prosecutions burden to prove:
Sexual intercourse is defined in section 61H Crimes Act 1900 as:
If found guilty, or if you plead guilty then full time imprisonment is the most likely outcome. Only in very rare and exceptional cases are people able to avoid jail after a finding of guilt.
All matters start in the Local Court. Sexual Assaults are strictly indictable offences which means that after a plea of guilty or not guilty is entered, they must be committed to the District Court for either a sentence hearing or a Trial.
Trials are conducted in front of juries and it can be a long and arduous process.
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