Use/Self administer a prohibited drug

Aggravated Sexual assault is an act in which a person sexually touches another person without that person’s consent, or coerces or physically forces a person to engage in a sexual act against their will in circumstances of Aggravation.
It is a form of aggravated sexual violence which includes rape (forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, child sexual abuse or the torture of the person in a sexual manner

Case law/Jurisdiction
An offence of Aggravated Sexual Assault is strictly indictable, meaning it will be finalised in the District or Supreme Court.

The Law

The Law in relation to Aggravated Sexual Assault is found in section 61J of the Crimes Act 1900 (NSW) which states;

(1) Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

(2) In this section,

“circumstances of aggravation” means circumstances in which:

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the alleged offender is in the company of another person or persons, or

(d) the alleged victim is under the age of 16 years, or

(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(f) the alleged victim has a serious physical disability, or

(g) the alleged victim has a cognitive impairment, or

(h) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

What must the prosecution prove?

Since Aggravated Sexual Assault is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Aggravated Sexual Assault.

To establish Aggravated Sexual Assault the prosecution must prove each of the following matters beyond reasonable doubt:

  • You had sexual intercourse with another person
  • That person did not consent
  • You knew that person did not consent
  • You did so in circumstances of Aggravation

There are a number of circumstances that “aggravate” a charge of sexual assault. This includes, amongst others, where there are any of the following elements to the allegation:

  • Infliction of an injury on the alleged victim
  • Threat of an injury by the accused by use of a weapon or instrument
  • The accused acting along with another person
  • An alleged victim aged under 16
  • Where the alleged victim is “under the authority” of the accused person
  • An alleged victim having a serious physical disability
  • An alleged victim having a cognitive impairment

If you are charged with the offence of Aggravated Sexual Assault what are your options?

National Criminal Lawyers have been successful in defending a number of Aggravated Sexual Assault charges where the prosecution could not establish each of the elements offence. We have also achieved a number of non-convictions for Aggravated Sexual Assault.

NCL offer the following options for those who have been charged with Aggravated Sexual Assault:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Aggravated Sexual Assault offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit for more information about your options.

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