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.
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
(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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