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Sexual Assault

Sexual Offences – NSW

Welcome to the NSW Sexual assault article page. Everything you need to know about Sexual assault according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Sexual assault

According to NSW Law for the charge of Sexual assault:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
64783 Sexual intercourse without consent (DV)-SI
271 Sexual intercourse without consent-SI

The Maximum Penalty – Sexual assault

According to NSW Law for the charge of Sexual assault:

The maximum penalty for the charge of sexual assault (Section 61I of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a sexual assault charge.

  • Section 10: sexual assault proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of sexual assault, if heard in the District Court, is likely to be imprisonment for a period of 4 ½ years.

For first time offenders the likely penalty is imprisonment for a period of 4 years.

What the Police must prove according to NSW Law for Sexual assault

To convict you of a sexual assault charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You had sexual intercourse with another person.
  2. The other person did not consent to the sexual intercourse.
  3. You knew the other person did not consent to the sexual intercourse.

They will also need to prove that you were the person who committed the sexual assault offence.

Possible Defences under NSW Law – Sexual assault

Possible defences to a sexual assault charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Sexual assault

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for a Sexual assault charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a Sexual assault charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Sexual assault charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Sexual assault charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Sexual assault charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Sexual assault charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Sexual assault charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Sexual assault charge: This is the most serious penalty for the charge of Sexual assault and involves full time detention in a correctional facility.

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