The Offence of Aggravated Sexual Assault in Company in NSW

Two teenagers and two young adults have been charged with sexual offences after what the New South Wales Police Force has described as a lengthy and violent attack against a 17-year-old girl in Sydney’s south-west in December 2024.

The Allegations

According to police, the incident began at around 5:30 PM on Sunday, 15 December 2024, when a male allegedly approached the girl in a shopping centre car park and entered her vehicle. He is accused of the sexually assaulting her inside the car.

Police further allege the complainant drove the man to Wheat Park in Sadleir, also in the Liverpool local government area, where two more males entered the vehicle and joined in the assault. A fourth male allegedly arrived separately and participated while the girl was driven around for several hours.

The complainant was allegedly left in her vehicle at around 11.30pm. She later contacted a friend and reported the incident to police.

Strike Force Dungannon Investigation

NSW Police designated Strike Force Dungannon to investigate the matter. 

On 20 December 2024, officers arrested two boys, aged 14 and 16, who were charged with a total of 34 offences, including multiple counts of aggravated sexual assault in company.

On 17 June 2025, police executed search warrants at homes in Sadlier and Heckenberg, arresting two additional suspects aged 18 and 19. They were also charged with aggravated sexual assault in company. All four individuals are currently before the courts and have not been found guilty. 

They are entitled to be presumed innocent until and unless they are found to be guilty in a court of law.

The Offence of Aggravated Sexual Assault in Company in NSW

Aggravated sexual assault in company is an offence under section 61JA of the Crimes Act 1900 carrying a maximum penalty of life in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that a person:

1. Had sexual intercourse with another person,
2. Did not have the other person’s consent,
3. Knew the other person did not consent, or was reckless as to whether he or she consented, or had no reasonable grounds to believe he or she consented,
4. Was in the company of at least one other person, and
5. Intentionally or recklessly inflicted actual bodily harm, or threatened to inflict actual bodily harm by use of an offensive weapon or instrument, or deprived the other person of his or her liberty.

What is Sexual Intercourse?

Sexual intercourse is defined by section 61HA as:

1. Penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person,
2. Introduction of a penis into the mouth of another person,
3. Cunnilingus, or
4. Continuation of any of the mentioned acts.

What is the Definition of Consent?

‘Consent’ is defined by section 61HE as freely and voluntarily agreeing to sexual intercourse.

When determining whether consent exists the court must look at all relevant circumstances, including any steps you took to determine whether consent existed but it cannot consider your self-induced intoxication.

Grounds upon which it can be established that consent did not exist include where the other person consented whilst:

• Substantially intoxicated,
• Intimidated or coerced, or
• Under the other person’s authority or in the person’s trust.

The other person did not consent if:

• They were under the age of 16 years,
• They were over 16 but under 18 and in the other person’s ‘special care’,
• They lacked cognitive capacity,
• They were unconscious or asleep,
• They were being unlawfully detained,
• They were under a mistaken belief as to the other person’s identity,
• They were under a mistaken belief they were married to the other person, 
• They were under a mistaken belief the act was for health or hygienic purposes, or
• The other person acquired consent through threats of force or terror.

What Are the Legal Defences?

Legal defences to the offence of aggravated sexual assault in company include duress, necessity, automatism and mental illness.

In the event that evidence of a legal defence is raised, the onus then shifts to the prosecution to prove beyond reasonable doubt that the defence does not apply to the circumstances of the case. A person must be found not guilty if the prosecution is unable to do this.

Specialist Legal Representation is Essential

Offences of a sexual nature treated seriously in the criminal justice system, and simply being suspected or accused can have a devastating impact on a person’s family, relationships, career, financial situation, mental health and liberty.

If you or someone you know is under investigation or has been charged with a sexual offence, it is essential to obtain specialist legal advice and representation immediately.

Sydney Criminal Lawyers® is available 24/7 for confidential conferences with experienced criminal defence lawyers with a proven track record of defending and consistently defeating allegations of a sexual nature. 

Call (02) 9261 8881 to arrange for a specialist criminal lawyer to fight to protect the reputation, future prospects and liberty of you or your loved-one.