Sexual assault is an assault of a sexual nature on another person. It may be by a man on a woman, a man on a man, woman on a man or woman on a woman. Sexual assault is having sexual intercourse with a person with a lack of their consent and knowing that they are not consenting. Reckless indifference will suffice. Substantial intoxication also raises important issues in relation to consent. The test is an entirely subjective one and this area of law is riddled with complexities.

Our Lawyers at City legal Solicitors have experience in this area of Law and have the ability to prepare and ready a case for trial in what we consider to be one of the most intricate areas of criminal law.

Sexual intercourse may constitute oral sex, anal sex, insertion of objects and continuation of sexual intercourse either oral, anal or by way of insertion of objects. Aggravated sexual assault occurs where:

• the offender maliciously inflicts actual bodily harm on the victim or any other person who is present or nearby at the time of, immediately before or immediately after sexual assault; or
• the offender threatens the victim or any person present or nearby with an offensive weapon or instrument; or
• the alleged offender is in the company of another person or persons; or the victim is under the age of 16; or
• the victim is under the authority of the offender; or
• The victim has serious physical or intellectual disability; or
• 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
• the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

The maximum penalty for aggravated sexual assault is 20 years with a standard non-parole period of 10 years.

Non consensual sexual intercourse amounts to sexual assault. For sexual assault the maximum penalty is normally 14 years and carries a standard non-parole period of seven years. An attempt to commit this offence earns the same penalty as the offence.

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