| Offence | Rape | Sexual Assault |
|---|---|---|
| Definition |
Rape is defined as:
|
Sexual assault occurs where a person:
|
| Maximum Penalty | Life imprisonment | 10 years imprisonment |
| Aggravating Factors | If the offender is a participant in a criminal organisation, knew or ought reasonably to have known that the offence was being committed at the direction of a criminal organisation. | If the offender is armed with a weapon or in company with a co-offender, it is an aggravated sexual assault and carries a maximum penalty of life imprisonment. |
Consent means free and voluntary agreement given by a person with cognitive capacity to consent.
A person’s consent to an act is not freely and voluntarily given if it is obtained：
A person can be charged with sexual assault if they touch another person in a way which is indecent.
For example, if someone touches another person’s buttocks without the person’s consent, he or she may be charged with sexual assault.
Rape and sexual assault are indictable offences and are heard in District Court.
There are a number of possible defences. Some of these include:
To achieve the best possible outcome, our criminal lawyers at Ascent Lawyers can help you develop an effective defence.
You are presumed to be innocent. You have the right to remain silence and it is important that you do not speak to the police in regards to the nature of the offending without speaking to a lawyer first. You should provide the police with your name, date of birth and address. You don’t need to answer any further questions.
Ascent Lawyers provide legal representation for sexual offences. Please contact our criminal lawyer.
We sort through the complexity, penalties, and circumstances to give you the best possible option.
We explain everything to you, so you know what will happen from beginning to end, giving you peace of mind.
We make sure your case is heard in court as soon as possible, wasting less of your valuable time.
We give you constant updates, so you can stay informed throughout the entire process.
You can take advantage of our free initial consultation, tell us your story today!
We will contact you as soon as possible, your interests are our top priority.
If you are charged with a sexual offence, it is very important that you seek immediate legal advice. If you require legal advice or representation in your criminal law matter, please contact Ascent Lawyers via (07) 3532 6982.
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