Sexual Assault Charges Campbelltown Local Court Representation “Complex Matters Require Expert Defence”
Sexual Assault Lawyers Campbelltown - Sexual assault is a very serious criminal charge. A person convicted of sexual assault under s 61I of the Crimes Act may be sentenced to a full time custody (imprisonment) for up to 14 years. There are a number of sexual assault offences under the Crimes Act 1900 and depending on the alleged facts, this will determine the offence a person may be charged with.
In 2017 there were 335 sexual assaults recorded in Campbelltown. If you live in the Campbelltown area and are charged with sexual assault, or are charged with having committed sexual assault in the Campbelltown area, your case will begin in the Campbelltown Local Court.
A court may impose a range of sentences on a person found to have committed sexual assault depending on the facts of the case and the seriousness of the alleged act. A court takes into account a range of factors including the nature of the sexual act.
The standard non-parole period for sexual assault under s 61I of the Crimes Act is 7 years. For aggravated sexual assault, the standard non-parole period is 10 years and for aggravated sexual assault in company the standard non-parole period is 15 years. Each of these offences requires the police to prove specific elements before a person may be found guilty of having committed sexual assault.
Sexual assault may be defined as sexual intercourse without consent. It is not necessary however for intercourse to occur for a person to be convicted of sexual assault. Under s 61P a person is liable to the penalty of the illegal act they were attempting to commit. In other words, an attempt to commit sexual intercourse without consent carries the same penalty as if the offence was committed.
Where there are aggravating circumstances, sexual intercourse without consent carries a maximum sentence of 20 years. Circumstances of aggravation include:
- intentional or reckless infliction of actual bodily harm
- threat of actual bodily harm by means of an offensive weapon/instrument
- in company
- victim under the age of 16 years
- victim is under the authority of the offender
- victim has a serious physical disability
- victim has cognitive impairment
- break and entry into dwelling-house or other building with the intention of committing the offence or any other serious indictable offence
- deprivation of victim's liberty for a period before or after the commission of the offence
To be found guilty of sexual assault, the police must prove three elements. Unless these are proved, you cannot be found guilty of committing sexual assault:
- That you engaged in sexual intercourse with the alleged victim at the time and place alleged
- That the victim did not consent to the alleged act
- That the accused knew that the victim was not consenting, or was reckless as to whether or not consent was given.
There are a number of defences which an accused person may raise when charged with sexual assault. Firstly, that the alleged victim consented to the act. This defence cannot be raised where the victim was under 16 or could not consent by way of intellectual disability.
Other defences include where the alleged act was committed for proper medical purpose. For example, this may be raised where the accused person is a medical practitioner and asserts they performed the act for the purpose of administering medical treatment.
Self-defence, necessity and duress are other defences which may be raised depending on the facts of the particular case.
Being charged with sexual assault will most likely be one of the most stressful occurrences in a persons life. It is essential to retain an expert criminal defence lawyer with experience in defending sexual assault charges. George Sten & Co have extensive experience defending persons accused of sexual assault and can provide expert advice and representation on any case involving sexual assault.
The evidence the police seek to rely on is the single most important factor in every criminal matter. An expert criminal defence lawyer is able to analyse the evidence in detail and determine the strength of the prosecution case and the necessary steps a defendant should take in order to ensure the best possible outcome.
It is essential to properly analyse the facts of a sexual assault charge with the current state of the law including the common law in order to ascertain the best steps to take. This means analysing previous applicable cases and correctly applying those cases to the current matter to show why a defendant may not be guilty or the appropriate sentence which should be applied if the prosecution maintains a strong case.
If you have been charged with a sexual assault offence, contact George Sten & Co Criminal Lawyers. Our Sexual Assault Lawyers Campbelltown provide expert advice and representation in Campbelltown Court House. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at firstname.lastname@example.org.