Sexual Assault

Our expert criminal lawyers for sexual assault offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Sexual Assault (Intercourse Without Consent) 

Sexual Assault is a serious crime. If you have been accused of sexual assault, we recommend that you get the best lawyer for your case immediately. 

Our criminal lawyers are experts at defending Sexual assault charges. We fight for your freedom, family, and friends. We restore your reputation from the unjust, untrue allegations against you. We stand by you during what we have found to be the hardest part of many of our clients’ lives. 

We beat false allegations and sexual assault charges by attacking the evidence of the accuser and police witnesses. We call witnesses to talk about your good character and pick apart medical or DNA evidence pointing to its absence.

You can read about what to do if you are charged with a sex offence here.

What is sexual assault?

Sexual Assault is defined as any person who has sexual intercourse with another person without the consent of the other person, and who knows that the other person does not consent to the sexual intercourse.

What is Intercourse Without Consent (rape)?

The term ‘rape’ is no longer used in law, although still common in the community. It is now called intercourse without consent. Intercourse without consent specifically deals with the sexual offence of forced penetration of the vagina, anus or mouth of a person by another person with any part of their body, any object, and that is done so without the victim’s consent.

Pleading not guilty

You will be found not guilty of the offence of Sexual assault if the police cannot prove beyond a reasonable doubt:

• You had sexual intercourse with a person.
• The sexual intercourse was without the consent of that person.
• You knew the other person did not consent to the sexual intercourse or was reckless to that fact.

If the prosecution cannot prove any one of these elements, you must be found not guilty.

You can read more information about pleading not guilty here.

Common defences include: 

• There was consent.
• The sexual intercourse did not happen.
• Identification. 

Read more about what to do if wrongfully accused of sexual assault here. 

Pleading guilty

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.

You can read more about pleading guilty here.

The offence of sexual assault carries a maximum penalty of 14 years imprisonment in the District Court. However, this penalty is typically reserved for the worst offenders.

Sexual assault is an extremely serious offence and has a standard non-parole period. If you are charged with Sexual Assault, you should contact our office immediately.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your sexual assault charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case Studies

Aggravated sexual assault (rape) found not guilty

Our lawyer represented a person charged with aggravated sexual assault (rape) with the aggravating factor being the infliction of Actual bodily harm on the victim. The Accused was a person of prior good character. A video was obtained that showed the Accused and complainant in a consensual embrace (kissing) shortly prior to the time of the allegation (which the complainant had omitted telling the police). The complainant was cross-examined for days as were her friends. The friends conceded that they had trouble believing that the Accused would have committed the offence as he had always been a gentleman, intoxicated or otherwise. It was further conceded that the complainant had only recently separated from her boyfriend and knew that mutual friends had seen her and the Accused together. It was put to the complainant that she fabricated the complaint because she was worried that her boyfriend would find out there had been consensual intercourse, as the Accused put forth. The jury came back with a verdict of not guilty and acquitted our client who was free to move on with his life.

Aggravated sexual assault found not guilty

Our lawyer represented an 18-year-old man charged with the Aggravated sexual assault of a 14-year-old. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross-examined about her conduct following the alleged rape in which she continued her relationship with the Accused as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict. 

Sexual assault defendant found not guilty 

Our lawyer represented a man charged with sexual assault. The allegation was that he had sexual intercourse with a woman who had passed out drunk at a New Year’s Eve party. The woman and her friends were cross-examined extensively in the witness box with the friends giving evidence that the Accused and alleged victim were flirting all night. The alleged victim ultimately came across as a racist who was embarrassed because her friends considered her to have been overly promiscuous at the party. The jury found our client not guilty. 

Sexual assault charges withdrawn

Our client was charged with sexual assault after a woman alleged our client raped her. Our lawyer obtained various complaints she had made to police which contradicted each other. He also obtained text messages showing that she had made similar complaints against other people. A body of evidence showing the alleged victim to be a liar was presented to the DPP and the charge was withdrawn. 

Aggravated sexual assault defendant received suspended sentence

Our lawyer represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. He negotiated the charge with the DPP who accepted a guilty plea to sexual intercourse with a child aged more than 14, less than 16. This was on the basis of our lawyer’s representations that they would struggle to prove beyond reasonable doubt that there had been no consent. Our lawyer also convinced the DPP to allow the case to be dealt with in the Local Court. In the end, the client received a suspended jail sentence of two years.  This meant a person of prior good character who had never been in trouble before stayed out of jail and walked out of Campbelltown Court.

Aggravated sexual assault with a child defendant found not guilty

Our lawyer represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16. The matter proceeded to trial at Campbelltown District Court. The child complainant was cross-examined at length about his relationship with the Accused. The jury ultimately found the witness unbelievable.

Sexual assault charges withdrawn

Our lawyer represented a client charged with Sexual Assault and Indecent Assault against his wife on a number of occasions. The allegation was that our client had sodomized her with his penis and hands on a number of occasions. Our solicitor took a statement from the wife where she said that the police had misunderstood her on account of her poor English. While she said no at one stage she ultimately consented. She said the matter was only reported to the police out of concern for her husband’s mental health. On representations from our lawyer, the DPP withdrew the charges.

Aggravated sexual intercourse defendant receives light sentence

Our lawyer represented a man charged with aggravated sexual intercourse. The allegation was that he had grabbed the woman off the street and dragged her into an ally where he had sexual intercourse with her and punched her. At the time he was on parole for a stabbing offence. As the DNA of our client was found in the woman it became clear that he had to plead guilty to something. Our lawyer negotiated for the aggravated sexual assault to be withdrawn and for his client to plead guilty to the sexual assault but without any violence. A strong sentencing case was put forward and our client received only 18 months more than the sentence he was already serving. 

Defendant facing three counts of sexual assault charges avoided prison

Our lawyer represented a man charged with three counts of sexual assault. Negotiations ensued, and soon after, the charges were dropped to indecent assault. At the sentencing, the magistrate found the facts to be on the lower end of seriousness. Due to negotiations done by our lawyer, he received a suspended sentence and avoided prison.

Sources

1.Crimes Act 1900 No 40, Current version for 27 March 2021 to date (accessed 7 August 2021 at 14:50), Part 3 Division 10 Subdivision 2 Section 61I  https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040

This information is intended as a general guide to law only. It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.