• Areas of Law
    • Business Law
      • Building & Construction Law
      • Business & Commercial Leases
      • Buying or Selling a Business
      • Franchise
      • Other Business Agreements and Advice
    • Property & Conveyancing
      • Conveyancing – Buying a Property
      • Conveyancing – Selling a Property
    • Criminal Law
      • Assault Offences
      • Apprehended Violence Orders (AVO)
      • Affray and Riot
      • Drug Offences
      • Sexual Offences
      • Firearms & Weapons Offences
    • Debt Recovery & Litigation
      • Bankruptcy
      • Corporate Insolvency
      • Litigation & Commercial Disputes
      • Mercantile and Debt Collection Agencies
      • Small Claims Debt Recovery
    • Family Lawyers
      • Child Custody
      • Property Settlement
      • De Facto Relationships
      • Divorce
      • Family Violence & AVOs
    • Traffic Law
      • Drink Driving
      • Drug Driving
      • Licence Appeals and Habitual Offender Declarations
      • Unlicensed Driving
      • Negligent, Reckless & Dangerous Driving
    • Wills & Estates
      • Defending or Contesting a Will
      • Guardianship
      • Power of Attorney
      • Probate
      • Wills
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
    • Contact an Office
      • Chatswood
      • Parramatta
      • Sutherland
      • Sydney
      • Wollongong
      • Bondi Junction
  • About us
  • Areas of Law
    • Business Law
    • Property & Conveyancing
    • Criminal Law
    • Debt Recovery & Litigation
    • Family Lawyers
    • Traffic Law
    • Wills & Estates
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
    • Contact an Office
  • About us
1800 529 529 Free Case Evaluation

Criminal Law

Services

  • Affray and Riot
  • Apprehended Violence Orders (AVO)
  • Assault Offences
  • Centrelink Fraud
  • Drug Offences
  • Firearms & Weapons Offences
  • Fraud Charges
  • Offences Against Police – Assault and Resist Arrest
  • Public Order Offences
  • Robbery Offences
  • Sexual Offences
  • Stealing, Theft & Related Offences

Locations

  • Criminal Lawyers Sydney CBD
  • Criminal Lawyers Parramatta
  • Criminal Lawyers Sutherland
  • Criminal Lawyers Wollongong
  • Criminal Lawyers Chatswood
  • Criminal Law Courts
< Back to Sexual Offences

Sexual Assault

When it comes to offences that fall under the category of sexual assault NSW law relies on legislation, rather than the old common law notions. If you are charged with a form of sexual assault or are aware that allegations have been made in NSW, then it is important to speak to a Sexual Assault Lawyer Sydney or NSW based for assistance.

The Law

The concept of sexual assault (or rape) and its various forms, involve the following elements as set out in section 61I of the Crimes Act:

a)    Sexual intercourse

b)    Lack of consent

c)    Knowledge of the lack of consent

Unlike the old common law offence of “rape”, sexual intercourse is defined in section 61H of the Act as: 

(a) sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by:

(i) any part of the body of another person; or

(ii) any object manipulated by another person, except where the penetration is carried out for proper medical purposes; or

(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person; or

(c) cunnilingus.

Penalties

The maximum penalty for the standard sexual assault NSW offence is a term of imprisonment for 14 years, with a standard non-parole period of 7 years.

Commentary

For consent to be present, a person must freely and voluntarily agree to have sexual intercourse. However, it is not necessary for a victim to actively say “no” for there to be a lack of consent. An accused person can have knowledge of lack of consent if the accused person is reckless as to whether consent exists or if there aren’t any reasonable grounds to believe that there is consent. 

Legislative changes, such as the extension of the concept of consent (or lack thereof), mean that people must be cautious even in scenarios where it may appear that the other person is consenting, particularly, for example, when the other person has been consuming alcohol or drugs. For more detailed commentary on the concept of consent in sexual assault matters, read here.

If you or someone you know has been charged with sexual assault, our experts at Prime Lawyers – Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.

Call today to speak with a Sexual Assault Lawyer Sydney, Parramatta, Chatswood, Sutherland or Wollongong.

We guarantee confidentiality and discretion when taking your call.    

Share / Print

Click to View our Testimonials

Click now to make an enquiry or get a free case evaluation.

Make Contact

  • Free Case Evaluation
  • Costs

    Type of Enquiry*

    *Required Fields

      Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.

      *Required Fields

      If you would prefer to talk, call us on 1800 529 529

      Prime Lawyers Sydney
      • Areas of Law
        • Estates
        • Family
        • Criminal
        • Traffic
        • Property & Conveyancing
        • Debt
        • Business
      • Our People
      • Results
      • Knowledge Centre
      • Join Prime
      • Locations
      • About Us
      • Areas of Law
      • Estates
      • Family
      • Criminal
      • Traffic
      • Property & Conveyancing
      • Debt
      • Business
      • Our People
      • Results
      • Knowledge Centre
      • Join Prime
      • Locations
      • About Us
      Follow @primelawyers

      @PrimeLawyers

      Prime Lawyers

      Make an Enquiry

      Costs

      Free Case Evaluation