In recent years, there has been an increase of media attention on sexual assault cases in concurrence with the rise of movements such as ‘Me Too’ and evolving ideas of what truly constitutes consent. In response, the NSW Government enacted legislation in June 2022 aimed at both simplifying and strengthening the laws regarding affirmative consent.
Sexual intercourse is defined as the penetration of a person’s genitalia to any extent by any part of the body of another person or any object manipulated by another person. This definition extends beyond the typical understanding of what constitutes sexual intercourse and includes cunnilingus and digital penetration.
Consent is the free and voluntary agreement to engage in sexual activity. The Court may consider the following in determining whether a person engaged in sexual activity freely and voluntarily:
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 is liable to imprisonment for a maximum of 14 years with a Standard Non-Parole Period of 7 years imprisonment.
The maximum penalty increases to 20 years with a Standard Non-Parole Period of 10 years if the sexual assault occurs in the following circumstances:
Another commonly charged sexual offence involves the sexual touching of another person. An accused person who, without consent and knowing the alleged victim does not consent, intentionally:
The penalty is increased to 7 years imprisonment with a Standard Non-Parole Period of 5 years imprisonment if any of the following circumstances exist:
Sexual touching means a person touches another person with any part of the body with anything else or through anything, including anything being worn by the person doing the touching or by the person being touched in circumstances where a reasonable person would consider the touching to be sexual.
There are many variables that are relevant to a determination about whether a touching is sexual, such as the area touched and the context of the touching, which is why obtaining legal advice in response to charges of this nature is of critical importance. At Jackson John, we have the necessary expertise to assist in your defence.
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We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.