If you are charged with a sex offence, you should obtain legal advice immediately. These charges often turn on the particular circumstances of the case and a number of defence options exist. Contact us for a free initial consultation.
There are over 50 sex offences and countless rules of evidence and procedure that are particular to sex offences. The most commonly known sex offence is sexual assault. This offence is found in s 61I of the Crimes Act 1900 (NSW), which makes it a crime to have sexual intercourse (i.e. penetrative sex) if the accused knows the other person does not consent. The maximum penalty is 14 years imprisonment, and the standard non-parole period is 7 years.
Other offences include:
- Aggravated sexual assault – Section 61J, Crimes Act 1900 (NSW). The maximum penalty is 20 years imprisonment, standard non-parole period 10 years. Circumstances of aggravation include commission of the offence in company, the infliction of actual bodily harm and the victim being under 16 years of age.
- Aggravated sexual assault in company – Section 61JA, Crimes Act 1900 (NSW). The maximum penalty is life imprisonment.
- Assault with intent to have sexual intercourse – Section 61K, Crimes Act 1900 (NSW). The maximum penalty is 20 years imprisonment.
- Sexual intercourse, child under 10 – Section 66A, Crimes Act 1900 (NSW). The maximum penalty is life imprisonment.
- Attempt, or assault with intent, to have sexual intercourse with a child under 10 – Section 66B, Crimes Act 1900 (NSW). The maximum penalty is 25 years imprisonment.
- Sexual intercourse, child 10-16 years old – Section 66C, Crimes Act 1900 (NSW). The maximum penalty is 16 years imprisonment if the person is 10-14 years old and 10 years if the person is 14-16 years old.
- Persistent sexual abuse of a child – Section 66EA, Crimes Act 1900 (NSW). The maximum penalty is 25 years imprisonment.
- Incest – Section 78A, Crimes Act 1900 (NSW). The maximum penalty is 8 years imprisonment. Incest is sexual intercourse with a close family member (i.e. parent, son, daughter, sibling, half-sibling, grandparent or grandchild).
- Beastiality – Section 79, Crimes Act 1900 (NSW). The maximum penalty is 14 years imprisonment.
- Conduct of a business involving sexual servitude – Section 80E, Crimes Act 1900 (NSW). The maximum penalty is 15 years imprisonment.
There are a number of variations on each offence, including circumstances of aggravation and attempt offences.
In proceedings for “prescribed sexual offences”, special procedural and evidentiary provisions, found in Chapter 6, Part 5 of the Criminal Procedure Act 1986 (NSW), apply. These include requirements to take certain evidence in camera, non-publication provisions, alibi notices, special jury directions and the like.
There are also a number of Federal laws relating to sexual conduct, which are equally serious and procedurally peculiar.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.