Sexual Assault Defence Lawyers (Intercourse Without Consent)
Sexual Assault is a serious crime. If you have been accused of sexual assault, we recommend that you get the best lawyer for your case immediately.
Our criminal lawyers are experts at defending Sexual assault charges. We fight for your freedom, family, and friends. We restore your reputation from the unjust, untrue allegations against you. We stand by you during what we have found to be the hardest part of many of our clients’ lives.
We beat false allegations and sexual assault charges by attacking the evidence of the accuser and police witnesses. We call witnesses to talk about your good character and pick apart medical or DNA evidence pointing to its absence.
Contact us if you are charged with Sexual assault to secure the best representation to get back to your old life. Call us on 02 8815 8167, email us at firstname.lastname@example.org or send us a website enquiry to talk to one of our criminal lawyers at our Sydney, Blacktown, or Parramatta Offices.
What is sexual assault?
Sexual Assault is an offence dealt with in section 61I 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 who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.” 1.
Sexual Assault also encompasses a wide range of sexual offences carried out on both adults and children which are described in the Act. These include intercourse without consent, aggravated intercourse without consent, incest, indecent assault or sexual touching, child sexual abuse and so on.
What is Intercourse Without Consent (rape)?
The term ‘rape’ is no longer used in law although still common in the community. It is now called intercourse without consent. Intercourse without consent specifically deals with the sexual offence of forced penetration of the vagina, anus or mouth of a person by another person with any part of their body, any object and that is done so without the victim’s consent.
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:
- You had sexual intercourse with a person.
- The sexual intercourse was without the consent of that person.
- You knew the other person did not consent to the sexual intercourse or was reckless to that fact.
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.
Read more about what to do if wrongfully accused of sexual assault.
Pleading guilty to 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 sexual assault carries a maximum penalty of 14 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 Sexual Assault you should contact our office immediately.
Why choose the 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 the Australian Criminal Law Group, click here.
Case Study – Aggravated sexual assault (rape) found not guilty
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. A 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 – Aggravated sexual assault found not guilty
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 – Sexual assault defendant found not guilty
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 – Sexual assault charges withdrawn
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 – Aggravated sexual assault defendant received suspended sentence.
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 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 – Aggravated sexual assault with a child defendant found not guilty
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 – Sexual assault charges withdrawn
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 the police out of concern for her husband’s mental health. On representations from our lawyer, the DPP withdrew the charges.
Case Study Aggravated sexual intercourse defendant receives light sentence
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 – Defendant facing three counts of sexual assault charges avoided prison
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.
1.Crimes Act 1900 No 40, Current version for 27 March 2021 to date (accessed 7 August 2021 at 14:50), Part 3 Division 10 Subdivision 2 Section 61I https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
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, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.