What is a sexual offence in NSW?
In a nutshell, a sex offence is essentially where one person does an act to the other person of a sexual nature and no consent was provided.
A simple example might look like this – Fred and Belinda met each other at a bar last Saturday night. They got talking and had a few drinks together. Fred decided he’d grab Belinda on her breast as she attempted to walk past him. Belinda did not give Fred consent to touch her on her breast. Fred could be charged with sexual touching without consent.
This page takes you through the various charges to do with sex offences. This can be a sensitive and at times tough topic to get across. We have provided a series of blogs in case you have been charged with specific sex offences. The first blog will give you a big picture look at sex offences in NSW.
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The things you need to know about sex related charges
What are sex offences in NSW?
This blog will introduce you to sex offending in NSW including the most common charges. It discusses the attitude of the Courts at this time, and the court processes for this type of offending and it touches on the main defences that are commonly used. This blog is a good starting point for anyone wishing to attain a MISSING TEXT!
Sexual touching without consent
So, you’ve been charged with sexual touching? What is sexual touching? It may not be exactly what you think. This blog will take you through the law of sexual touching – section 61KC of the Crimes Act – to explain what constitutes sexual touching. Practical examples are provided.
Strangulation
Section 37 of the Crimes Act Choking, suffocation and strangulation is covered in some detail in this blog. This charge is covered in both DV and sex offences.
Pornographic offences
This relatively new area of law is a complex one. We introduce you to this area by covering specifically crimes related to recording someone without consent and distributing to others without consent. If this sounds relevant to you, please read the two blogs below.
Revenge porn / Record intimate image without consent – have you been charged with upskirting? Have you taken a video of someone’s private parts or doing certain sexual activity, but they didn’t give you consent? This blog takes you through this important area of law and discusses precisely what the police have to prove to make out this charge.
Threaten revenge porn – have you been charged under Section 91R to threaten to record and/or distribute an intimate image? Following on from the blog above, this one takes you through the law of threatening distribution of photos and videos of another person.
Affirmative consent
So, what do you have to do to obtain a “YES” when it comes to sexual activity? This blog will take you through the rather complex landscape of affirmative consent laws, where “yes…” doesn’t always mean “YES”.
Sexual intercourse without consent
This blog takes you through one the most serious offences in the sex offence area. We cover the law and the steps that the prosecution needs to take to prove the offence. We include practical examples and refer to the main defences for this charge.
Indecent exposure
This blog covers the law of indecent exposure and includes practical examples of indecent exposure.
Case studies at NCL of sexual assault, sexual touch
We present two recent cases where we successfully defended our clients against both of these serious offences. We take you through the key features of the cases and lay out our defence strategy that led to the positive outcome for both clients.
Main defences to DV offences
This blog takes you through the main defences available for sex offences. We cover practical examples and include detail discussion on how mistaken belief of consent is one of the main defences for sex charges.
Read our blogs on the topic…
INTENSIVE CORRECTION ORDERS – ICO
Frank Zumbo to fight charges of alleged sexual misconduct
Craig Kelly aide Frank Zumbo bailed while he fights indecent assault charges – SMH
