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Assault with Intent to have Sexual Intercourse

Assault with intent to have sexual intercourse is an offence found at section 61K of the Crimes Act 1900. It is a serious offence. The seriousness further increases where there’s an allegation with a high degree of violence, physical hurt and circumstances of humiliation. This charge is now more frequently being alleged in the context of domestic relationships, often falsely and with the ulterior motive of money or children being the motivation.

If you are charged with the offence of Assault with intent to have sexual intercourse, your options will normally be to plead guilty or not guilty.

Pleading not guilty to Assault with Intent to have Sexual Intercourse

You will be found not guilty of the offence of Assault with intent to have sexual intercourse if the police cannot prove beyond reasonable doubt:

  1. You intentionally or recklessly inflict actual bodily harm (injury that is more than transient or merely trifling) on the other person or a third person who is present or nearby; or
  2. You threaten to inflict actual bodily harm (injury that is more than transient or merely trifling) on the other person or a third person who is present or nearby by means of an offensive weapon or instrument.
  3. With intent to have sexual intercourse with a person.

Pleading guilty to Assault with Intent to have Sexual Intercourse

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. One of 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 Assault with intent to have sexual intercourse carries a maximum penalty of 20 years imprisonment in the District Court. This penalty is typically reserved for the worst offenders. Nonetheless, Assault with intent to have sexual intercourse is an extremely serious offence and if you are charged with it 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 discuss your charge of Sexual assault, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today or call us on (02) 8815 8167.

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. 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. Her 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 a 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 and a number of indecent assaults. 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 Years 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 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 and the jury ultimately found the witness unbelievable.

Case Study

Australian Criminal 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 being 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

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

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