What is the offence of Aggravated indecent assault of a child?
The offence of Aggravated indecent assault on a child is found at section 61M of the Crimes Act 1900.
Aggravated indecent assault on a child is an offence that is frequently defended. Common examples of where a person’s prospects of successfully defending the charge are increased include where the prosecution is reliant on the testimony of one witness, where identification is an issue, where the complaint is historical, where there is no medical or DNA evidence or that evidence is in dispute, and where an Accused person is able to call character evidence to establish they would be less likely to have committed the offence.
If you are charged with the offence of Aggravated indecent assault on a child, your options will normally be to plead guilty or not guilty.
Pleading not guilty
You will be found not guilty of the offence of Aggravated indecent assault on a child if the police cannot prove beyond reasonable doubt:
- You assaulted the victim (an assault is the intentional or reckless application of force to the person of another or an act designed to cause fear of unlawful violence).
- The assault was accompanied by an act of indecency on or in the presence of the victim which occurred before, after or at the time of the assault.
- The victim was under the age of 16 years old (a person under 16 years of age cannot consent to an indecent assault).
An indecent act is one which right-minded persons would consider to be contrary to community standards of decency and although where the act has unequivocal sexual connotations it is unnecessary for the prosecution to prove the purpose of the act was the provision of sexual gratification.
Contact our offices at Sydney, Parramatta, Blacktown and Redfern to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Aggravated indecent assault on a child..
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
An Aggravated indecent assault on a child can occur in many ways of varying seriousness and as such there is a great diversity in sentences.
The offence of Aggravated indecent assault on a child carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. However, these penalties are typically reserved for the worst offenders. Aggravated indecent assault on a child is an extremely serious offence and has a standard non parole period. If you are charged with Aggravated indecent assault on a child you should contact our office immediately.
Penalties that a court can impose in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Full time imprisonment
Why choose AC Law Group?
Our solicitors are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between freedom or gaol. To read more about AC Law Group, click here.
To discuss your sex charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.
AC Law Group represented a 18 year old charged man with the Aggravated sexual assault of a 14 year old and a number of counts of indecent assault. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross examined about her conduct following the alleged rape in which she continued her relationship with the Accused and inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict. The jury one may speculate, on the basis of the cross examination, found the girl to an unreliable and dishonest witness, and the Accused to be telling the truth. The Accused was found not guilty.
AC Law Group represented a school bus driver charged with touching a child in his care. The only evidence of the complainant was the child who was cross examined at the Local Court hearing. The Magistrate agreed the child may have been influenced by his mother who misconstrued the original complaint. Our client was found not guilty.
Mr Correy represented a person charged with Aggravated sexual assault with a child aged more than 14, less that 16, and aggravated indecent assault. He negotiated the charge with the DPP who accepted a guilty plea to sexual intercourse with a child aged more than 14, less that 16 on the basis of Mr Correy’s representations that they would struggle to prove beyond reasonable doubt that there had no been consent. Mr Correy also convinced the DPP to allow the case to be dealt with in the Local Court. In the end the client received a suspended gaol sentence of two years, meaning a person of prior good character who had never been in trouble before stayed out of gaol and walked out of Campbelltown Court. The result was a good one for Joseph Correy, criminal lawyer, Sydney.