Sexual Assault Lawyer Central Coast

Have you or a family member been accused or charged with a sexual offence? At Conditsis Lawyers, we are committed to protecting your reputation and future while striving for the best possible outcome.

In New South Wales, sexual assault is defined under the Crimes Act 1900. It is worth noting that the term “sexual assault” carries a specific legal meaning and is what most people might refer to as “rape” in a non-legal or informal context. Sexual assault is not something less than rape, and should be treated with the utmost seriousness.

Typically, the prosecution must prove beyond reasonable doubt that:

The accused and the complainant (the alleged victim) had sexual intercourse, and
The sexual intercourse occurred without the complainant’s consent, and
The accused knew that the complainant was not consenting.

The law defines “sexual intercourse” as the penetration of the genitalia or anus of a person by any part of another person’s body (such as a penis or finger) or any object (such as a dildo or other item) manipulated by another person. The definition also includes oral sex.

Knowledge about lack of consent

In New South Wales, the law provides various circumstances where an accused person is taken to know the complainant was not consenting, even if the accused did not “actually know” the complainant was not consenting. In addition to actual knowledge, the prosecution can succeed if it proves beyond reasonable doubt that the accused was reckless as to whether the complainant was consenting to the sexual activity or if the circumstances were such that it was not reasonable for the accused to believe that the complainant was consenting.

The issue of consent can be difficult to navigate, which is why you should speak with one of our experienced lawyers if you are charged with a sex offence.

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Penalties for Sexual Assault Offences

Definition: Sexual intercourse without consent.
Maximum Penalty: 14 years imprisonment.

Definition: Sexual intercourse without consent in aggravating circumstances.
A sexual assault will be aggravated if the prosecution proves beyond reasonable doubt, in addition to the sexual assault itself, “circumstances of aggravation” as defined by law. These include:
- the accused person intentionally or recklessly inflicted actual bodily harm on the complainant at the time of, or immediately before or after, the sexual assault.
- the accused person committed the sexual assault in the company of another person or persons.
- the complainant was under the age of 16 years.
- the complainant was under the authority of the accused person.
- the complainant had a cognitive impairment at the time of the sexual assault.
- the complainant has a serious physical disability.
- the accused person deprives the complainant of his or her liberty for a period before or after the sexual assault.
Maximum Penalty: 20 years imprisonment.

Definition: Sexual intercourse without consent, committed in the company of others and in aggravating circumstances.
The phrase “in company” requires more than just mere presence or proximity. It generally requires the offence to be carried out with another person/co-accused, with a common purpose or joint criminal enterprise, to sexually assault the complainant, even if one or more of the co-accused did not actually carry out the sexual intercourse but their presence or proximity afforded encouragement to the co-accused or operated to intimidate/coerce the complainant.
The relevant circumstances of aggravation for this offence include:
- the accused intentionally or recklessly inflicted actual bodily harm on the complainant at the time of, or immediately before or after, the sexual assault.
- the accused threatened to inflict actual bodily harm on the complainant by means of an offensive weapon or instrument at the time of, or immediately before or after, the sexual assault.
- The accused deprived the complainant of his or her liberty for a period before or after the commission of the sexual assault.
Maximum Penalty: Life imprisonment.

Definition: Inflicting bodily harm or threatening harm with the intent of sexual intercourse.
This offence does not require there to be sexual intercourse. Rather, the offence focuses on the use or threatened use of physical violence against the complainant (or some other third person who is present or nearby) with the specific goal of having sexual intercourse with the complainant.
Maximum Penalty: 20 years imprisonment.

The prosecution only needs to prove beyond reasonable doubt that the accused had sexual intercourse with a child under the age of 10 years. There is no requirement to prove that the complainant did not consent because the law assumes a child under the age of 16 cannot consent to sexual activity.
Maximum Penalty: Life imprisonment.

Maximum Penalty: 25 years imprisonment.

The prosecution only needs to prove beyond reasonable doubt that the accused had sexual intercourse with a child aged at least 10 but under the age of 14 years. There is no requirement to prove that the complainant did not consent
Maximum Penalty: 16 years imprisonment.

The prosecution only needs to prove beyond reasonable doubt that the accused had sexual intercourse with a child aged at least 10 but under the age of 14 years in circumstances of aggravation.
Maximum Penalty: 20 years imprisonment.

The prosecution only needs to prove beyond reasonable doubt that the accused had sexual intercourse with a child aged at least 14 but under the age of 16 years.
Maximum Penalty: 10 years imprisonment.
However, the maximum penalty is 20 years for an offence of aggravated sexual intercourse without consent where the circumstance of aggravation is that the complainant was under the age of 16 years.

The prosecution only needs to prove beyond reasonable doubt that the accused had sexual intercourse with a child aged at least 14 but under the age of 16 years in circumstances of aggravation.
Maximum Penalty: 12 years imprisonment.
However, the maximum penalty is 20 years for an offence of aggravated sexual intercourse without consent where the circumstance of aggravation is that the complainant was under the age of 16 years.

“Sexual Touching” and “Sexual Act”

In response to the Royal Commission’s Criminal Justice Report addressing institutional child sexual abuse, new legislation has clarified offences related to sexual misconduct falling short of sexual assault. The outdated and vague terminology of “indecent assault” and “act of indecency” have been replaced with the more clear and modern language of “sexual touching” and “sexual act”.

Sexual Touching charges replaced the older “indecent assault” charges. The offence captures the non-consensual touching of another person that a reasonable person would consider to be sexual in nature. For example, touching someone’s breast or genitalia without their consent.
Similarly, sexual act offences replaced the older “act of indecency” charges. It typically refers to an act (other than sexual touching) carried out towards another person in such a way that a reasonable person would consider to be sexual in nature. For example, masturbating in front of someone without their consent.
Both sexual touching and sexual act charges (that do not involve a child complainant) are often finalised summarily in the Local Court. However, more serious cases may be escalated to the District Court to be dealt with on indictment, where harsher penalties may apply.

Difference Between “Sexual Touching” & “Sexual Act”

Sexual Touching requires some form of direct physical contact between the accused and the complainant. However, the legal definition of sexual touching also includes inciting the complainant to sexually touch a third person or inciting a third person to sexually touch the complainant. In any event, there must be physical contact.
A Sexual Act involves non-physical actions, such as engaging in sexual conduct towards the complainant or inciting a third person to engage in sexual behaviour towards the complainant without direct contact.

Recognising Sexual Touching or Acts

To determine if a reasonable person would consider a certain act or touching qualifies as sexual, the court considers factors such as:

Whether the area of the body involved in the act or being touched or doing touching is a person’s genital area, anal area or breast.
The intention behind the act or touching. For example, whether the person doing the act or touching does so for the purposes of obtaining sexual arousal or sexual gratification.
Whether any other aspect of the touching or act (including the circumstances in which it was done) makes it sexual.

Penalties for Sexual Touching and Sexual Act Offences

The prosecution must prove beyond reasonable doubt that there was sexual touching involving the complainant, that the sexual touching was done without the consent of the complainant, and the accused knew the complainant did not consent.
Maximum Penalty: 2 years imprisonment in Local Court; 5 years imprisonment in District Court.

Sexual touching will be aggravated if, in addition to the sexual touching itself, the prosecution proves beyond reasonable doubt that there was one or more “circumstances of aggravation” as defined by law. These include:
- the accused person is in the company of another person or persons.
- the complainant was under the authority of the accused person.
- the complainant has a serious physical disability.
- the complainant has a cognitive impairment.
Maximum Penalty: 2 years imprisonment in Local Court; 7 years imprisonment in District Court.

The prosecution must prove beyond reasonable doubt that there was a sexual act with or towards or otherwise involving the complainant, that the sexual act was done without the consent of the complainant, and the accused knew the complainant did not consent.
Maximum Penalty: 18 months imprisonment.

A sexual act will be aggravated if, in addition to the sexual act itself, the prosecution proves beyond reasonable doubt that there was one or more “circumstances of aggravation” as defined by law. These are the same circumstances of aggravation noted above for an aggravated sexual touching.
Maximum Penalty: 2 years imprisonment in Local Court; 3 years imprisonment in District Court.

The child complainant must be of or above the age of 10 and under 16 years of age. Lack of consent is not required to be proved.
Maximum Penalty: 2 years imprisonment.

Similar to sexual assault of a child, the prosecution does not need to prove that the complainant did not consent. The child must be less than 10 years of age.
Maximum Penalty: 16 years imprisonment.

The child complainant must be of or above the age of 10 and under 16 years of age. Lack of consent is not required to be proved.
Maximum Penalty: 10 years imprisonment.

The child complainant must be of or above the age of 10 and under 16 years of age. Lack of consent is not required to be proved.
Maximum Penalty: 10 years imprisonment.

Similar to sexual assault of a child, the prosecution does not need to prove that the complainant did not consent. The child must be less than 10 years of age.
Maximum Penalty: 7 years imprisonment.

Why Choose Conditsis Lawyers?

At Conditsis Lawyers, we are highly experienced in sexual offence matters and are dedicated to providing the best legal representation throughout the Central Coast and Hunter Regions. Our award-winning team includes three Accredited Specialists in Criminal Law, who understand the complexities of sexual assault cases and will guide you through the court process to achieve the best possible outcome.

If you are facing sexual assault charges, do not gamble with your future. Contact our criminal law specialists on 02 4324 5688 or complete our contact form to arrange a free consultation today.

We are here to support you during this challenging time—24 hours a day, 7 days a week.

Areas Of Criminal Law

If you are in trouble with the police or face criminal charges, you need an expert criminal lawyer on your side. It is critical to get the right advice and representation without delay. We can provide immediate assistance to you, including if you are being held at the police station or currently in a detention centre or gaol.

Led by NSW Law Society Accredited Criminal Law Specialists Manny Conditsis and Michal Mantaj, our team of criminal lawyers is regarded as one of the best in NSW, with over 150 years of combined experience helping clients facing criminal charges.

As one of two Trial Advocates, Manny Conditsis has a greater than 90% success rate in jury trials. He and Michal Mantaj are among only a few Trial Advocates to appear in murder and other serious crime trials in the Supreme and High Courts. The media regularly call upon both to comment on high-profile cases and issues relating to criminal and traffic law due to their reputation for professional excellence in legal practice.

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