Section 61KA of the Crimes Act overturns to common law rule that being married to a complainant is a bar to proceedings for sexual assault.
The section is extracted below.
If you have been charged with a sexual offence, contact Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options, the best way forward and fight for the optimal outcome.
Section 61KA of the Crimes Act 1900, which deals with Offender Married to Victim, reads as follows:
61KA Offender Married to Victim
The fact that a person is married to a person:
(a) upon whom an offence under section 61I, 61J, 61JA or 61K is alleged to have been committed is no bar to the first mentioned person being convicted of the offence, or
(b) upon whom an offence under any of those sections is alleged to have been attempted is no bar to the first mentioned person being convicted of the attempt.
Why Sydney Criminal Lawyers®?
Being charged with the murder of a child can be an extremely distressing and emotional experience.
However, with the help of our highly experienced criminal defence team, you can fight the charges to prove your innocence and secure a verdict of ‘not guilty.’
With over 15 years experience defending some of the most complex murder cases, we pride ourselves on our ability to obtain outstanding results in these extremely difficult cases.
Our senior lawyers, who have a wealth of experience winning these types of cases, can advise you of your options when it comes to fighting the charges, or seeking a lenient penalty from the court.
We will dedicate the time and effort to thoroughly examine all the evidence to find problems with the prosecution case – where issues are found, we can push to have the charges dropped outside of court, saving you time and money.
If the matter proceeds to a criminal trial, our experts will fight hard to protect your innocence by raising all possible defences to the charges and presenting all evidence that supports your case in a compelling manner.
Alternatively, if you simply want to accept the charges against you, our expert defence team can help you get the best possible outcome in your case by pushing to have the charges downgraded to a less serious charge.
So call us today on (02) 9261 8881 and book your FREE first conference to find out how we can help you defend your child murder case.