Section 61JA Crimes Act 1900 | Aggravated Sexual Assault in Company


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Section 61JA of the Crimes Act is the offence of Aggravated Sexual Assault in Company and is extracted below.

While Aggravated Sexual Assault in Company is a serious offence that carries heavy penalties, with the help of an experienced criminal lawyer you can fight the charges and get a favourable outcome in your case.

Section 61JA deals with the offence of ‘aggravated sexual assault in company,’ which refers to situations where you sexually assault someone while there is another person, or persons with you, and you:

  • Intentionally or recklessly inflict actual bodily harm upon the complainant or someone else who is nearby
  • Threaten to inflict actual bodily harm upon the complainant or someone nearby using an offensive weapon or instrument
  • Deprive the complainant of their liberty before or after the sexual assault

In these situations, the law says that the maximum penalty is life imprisonment – however this is the maximum penalty and will only apply in the most serious cases.

The Legislation

Section 61JA of the Crimes Act 1900, which deals with Aggravated Sexual Assault in Company, reads as follows:

61JA Aggravated Sexual Assault in Company

(1) A person:

(a) 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, and

(b) who is in the company of another person or persons, and

(c) who:

(i) at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(ii) at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(iii) deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, is liable to imprisonment for life.

(2) A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.

(3) Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).

(4) Nothing in this section affects the prerogative of mercy.

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Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
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