Defence Lawyers for Sexual Assault and Intercourse Without Consent Offences

Aggravated sexual assault is a serious crime. If you have been accused of aggravated sexual assault, we recommend that you get the best lawyer on your case immediately. Criminal lawyer Joseph Correy is regarded as one of Sydney’s best criminal lawyers for these kinds of allegations and handles most of these cases at the firm.

Joseph Correy and his criminal law team are experts at defending Aggravated sexual assault charges. We not only aim to have you acquitted but also fight to restore your reputation from the unjust, untrue allegations against you.

We beat false allegations and sexual assault charges by attacking the evidence of the accuser, police, and complaint witnesses. We call witnesses to talk about your good character and pick apart prior inconsistent statements, medical, and DNA evidence that the police use against you.

If you are charged with Aggravated sexual assault, contact us to get the best representation and your old life back.   Call us on 02 8815 8167, email us at info@aclawgroup.com.au or send us a website enquiry to talk to one of our criminal lawyers at our Sydney, Parramatta or Blacktown offices.

What is an aggravated Sexual Assault? 

Sexual Assault is an offence dealt with in section 61J of the Crimes Act 1990 which describes the act of sexual assault as:

“Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

How do I beat a charge of sexual assault?

You will be found not guilty of the offence of Sexual assault if the police cannot prove beyond a reasonable doubt:

  1. You had sexual intercourse with a person.
  2. The sexual intercourse was without the consent of that person.
  3. You knew the other person did not consent to the sexual intercourse or were reckless to that fact.
  4. You committed the offence in a circumstance of aggravation.

What is sexual intercourse?

Sexual intercourse means sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by any part of the body of another person. It also includes any object manipulated by another person or sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person or cunnilingus.

What is consent?

The meaning of consent is one that is frequently changing at law to deal with an ever-expanding set of circumstances. It is no longer simply a case of whether someone said yes or no. A person who does not offer actual physical resistance to sexual activity is not, by reason only of that fact, to be regarded as consenting to the sexual activity.

Consent has become an extremely complicated area of the law and we strongly advise using our experienced criminal lawyers for offences of this nature.

In the Crimes Act 1900, consent is defined as follows: A person “consents” to sexual activity if the person freely and voluntarily agrees to the sexual activity.

A person will be held to have known that another person is not consenting to sexual intercourse if:

  1. the person knows that the alleged victim does not consent to the sexual activity, or
  2. the person is reckless as to whether the alleged victim consents to the sexual activity, or
  3. the person has no reasonable grounds for believing that the alleged victim consents to the sexual activity.

A person does not consent to sexual activity:

  1. if the person does not have the capacity to consent to the sexual activity, including because of age or cognitive incapacity, or
  2. if the person does not have the opportunity to consent to the sexual activity because the person is unconscious or asleep, or
  3. if the person consents to the sexual activity because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or if the person consents to the sexual activity because the person is unlawfully detained, or
  4. if the person is under a mistaken belief as to the identity of the other person,
  5. if the person is under a mistaken belief that the other person is married to the person,
  6. if the person is under a mistaken belief that the sexual activity is for health or hygienic purposes,
  7. if the person is under any other mistaken belief about the nature of the activity induced by fraudulent means.

It may be established that a person does not consent to a sexual activity include:

  1. if the person consents to the sexual activity while substantially intoxicated by alcohol or any drug, or
  2. if the person consents to the sexual activity because of intimidatory or coercive conduct, or other threat, that does not involve a threat of force, or
  3. if the person consents to the sexual activity because of the abuse of a position of authority or trust.

 

In determining whether an Accused person was aware that a person was not consenting, a court is to consider any steps taken by the person to ascertain whether the other person consented to the sexual activity, but not including any self-induced intoxication.

What is a circumstance of aggravation?

Circumstances of aggravation mean circumstances in which:

  1. at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
  2. at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
  3. at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict grievous bodily harm or wounding on the alleged victim or any other person who is present or nearby, or
  4. the alleged offender is in the company of another person or persons, or
  5. the alleged victim is under the age of 16 years, or
  6. the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
  7. the alleged victim has a serious physical disability, or
  8. the alleged victim has a cognitive impairment, or
  9. the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
  10. the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

Pleading guilty to Aggravated Sexual Assault Charges

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.

The offence of Aggravated sexual assault carries a maximum penalty of 20 years imprisonment in the District Court. However, this penalty is typically reserved for the worst offenders. Sexual assault is an extremely serious offence and has a standard non-parole period. If you are charged with Aggravated sexual assault you should contact our office immediately.

You can read about all the sentencing options that a court has, including about not having a conviction recorded here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.

To discuss your charge of Aggravated Sexual assault, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.

Case Study

Mr Adut represented a person charged with aggravated sexual assault (rape) with the aggravating factor being the infliction of Actual bodily harm on the victim. The Accused was a person of prior good character. The video was obtained that showed the Accused and complainant in a consensual embrace (kissing) shortly prior to the time of the allegation (which the complainant had omitted telling the police). The complainant was cross-examined for days as were her friends. The friends conceded that they had trouble believing that the Accused would have committed the offence as he had always been a gentleman, intoxicated or otherwise. It was further conceded that the complainant had only recently separated from her boyfriend and knew that mutual friends had seen her and the Accused together. It was put to the complainant that she fabricated the complaint because she was worried that her boyfriend would find out there had been consensual intercourse as the Accused put forth. The jury came back with a verdict of not guilty and acquitted our client who was free to move on with his life.

Case Study

Australian Criminal Law Group represented an 18-year-old man charged with the Aggravated sexual assault of a 14-year-old. 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 as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict.

Case Study

Mr Correy represented a man charged with sexual assault. The allegation was that he had sexual intercourse with a woman who had passed out drunk at a New Year’s Eve party. The woman and her friends were cross-examined extensively in the witness box with the friends giving evidence that the Accused and alleged victim were flirting all night. The alleged victim ultimately came across as a racist who was embarrassed because her friends considered her to have been overly promiscuous at the party. The jury found our client not guilty.

Case Study

Our client was charged with sexual assault after a woman alleged our client raped her. Mr Correy obtained various complaints she had made to police which contradicted each other. He also obtained text messages showing that she had made similar complaints against other people. A body of evidence showing the alleged victim to be a liar was presented to the DPP and the charge was withdrawn.

Case Study

Mr Correy represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. He negotiated the charge with the DPP who accepted a guilty plea to sexual intercourse with a child aged more than 14, less than 16. This was on the basis of Mr Correy’s representations that they would struggle to prove beyond reasonable doubt that there had been 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 jail sentence of two years.  This meant a person of prior good character who had never been in trouble before stayed out of jail and walked out of Campbelltown Court. Case study

Mr Correy represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. The matter proceeded to trial at Campbelltown District Court. The child complainant was cross-examined at length about his relationship with the Accused. The jury ultimately found the witness unbelievable.

Case Study

AC Law Group represented a client charged with Sexual Assault and Indecent Assault against his wife on a number of occasions. The allegation was that our client had sodomized her with his penis and hands on a number of occasions. Our solicitor took a statement from the wife where she said that the police had misunderstood her on account of her poor English. While she said no at one stage she ultimately consented. She said the matter was only reported to police out of concern for her husband’s mental health. On representations from our lawyer, the DPP withdrew the charges.

Case Study

Mr Correy represented a man charged with aggravated sexual intercourse. The allegation was that he had grabbed the woman off the street and dragged her into an ally where he had sexual intercourse with her and punched her. At the time he was on parole for a stabbing offence. Because the DNA of our client was found in the woman it became clear that he had to plead guilty to something. Mr Correy negotiated for the aggravated sexual assault to be withdrawn and for his client to plead guilty to the sexual assault but without any violence. A strong sentencing case was put forward and our client received only 18 months more than the sentence he was already serving.

Case Study

Joseph represented a man charged with three counts of sexual assault. Negotiations ensued and soon after, the charges were dropped to indecent assault. At the sentencing, the magistrate found the facts to be on the lower end of seriousness. Due to negotiations done by Joseph, he received a suspended sentence and avoided prison.

 

Source:
Crimes Act 1900 No 40:  Current version for 1 January 2022 to date (accessed 21 March 2022 at 21:50), https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040

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This information is intended as a general guide to law only.  It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy. 

 

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