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Rape & Sexual Assault

OffenceRapeSexual Assault
Definition

Rape is defined as:

  • Penetration with or of another person without the person’s consent
  • Penetration of the vulva, vagina or anus of another person with a thing or a part of the accused’s body other than a penis without the other person’s consent
  • Penetration of the mouth of a person by the accused’s penis without the other person’s consent

Sexual assault occurs where a person:

  • Unlawfully and indecently assaults another person
  • Procures another person to commit an act of gross indecency or to witness an act of gross indecency without their consent
Maximum PenaltyLife imprisonment10 years imprisonment
Aggravating FactorsIf 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.

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Frequently Asked Questions

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:

  • Insanity
  • Duress
  • Consent was given
  • Identification
  • Honest and reasonable belief that the complainant was consenting

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.

Engaging Ascent Lawyers helps you to avoid any jail sentence or a conviction record.

Some of the benefits include:

  • We are here to help you through the court process and make everything as stress free as possible, in most cases you will not have to say anything in court
  • We are good at having effective case conferencing with the police prosecution
  • You will be fully informed of what is to happen in court and what that means to you after court

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.

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