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Section 71.8 Criminal Code Act 1995
Unlawful Sexual Penetration

Section 71.8 of the Criminal Code Act 1995 (Cth) is Unlawful Sexual Penetration and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Unlawful Sexual Penetration matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881

The Legislation

71.8  Unlawful sexual penetration

(1)  A person is guilty of an offence if:

(a)  the person sexually penetrates another person without the consent of that  person; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person knows about, or is reckless as to, the lack of consent.

Maximum penalty: Imprisonment for 15 years.

Maximum penalty (aggravated offence):  Imprisonment for 20 years.

Note 1:       Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2:       Section 71.13 defines aggravated offence.

(2)  Strict liability applies to paragraphs (1)(b) and (c).

(3)  In this section:

sexually penetrate means:

(a)  penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

(b)  penetrate (to any extent) the mouth of a person by the penis of another person; or

(c)  continue to sexually penetrate as defined in paragraph (a) or (b).

(4)  In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.

(5)  In this section, the genitalia or others parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

Why Sydney Criminal Lawyers®?

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.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

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
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

Recent Cases

Not Guilty of Multiple Sexual Assault and Aggravated Indecent Assault Charges

Our client is 37 year old man from Blacktown. The parents of a 13-year old girl returned home to find him hiding under their daughter’s bed. They called police who attended the home and interviewed the girl. The teenager told police our client was her boyfriend for the past six months. She claimed the pair had kissed and that he had touched her breasts on a number of occasions. She denied that they had sexual intercourse. Our client was arrested and conveyed to the police station, where he participated in an interview vehemently denying any intimate relationship between the two. He was charged with two counts of aggravated indecent assault. The complainant later gave further statements to the effect that the pair had engaged in several acts of sexual intercourse. As a result, our client was charged with five counts of sexual intercourse with a person aged under 14 years, an offence which attracts a maximum penalty of 20 years imprisonment, and three counts of committing an act of indecency. The prosecution served phone records including daily text messages suggestive of a lengthy intimate relationship. Forensic evidence of a mixed DNA profile allegedly containing material from our client and another was also served. Our team carefully reviewed all material and obtained detailed instructions relating to all alleged encounters. Most importantly, we subpoenaed all text messages between the pair – as the prosecution had only served selected messages and the full DNA analysis materials. The full text messages revealed our client’s resistance to any form of sexual relationship. We arranged for forensic samples to be sent to independent laboratory, which in our view should occur in all cases of a claimed DNA ‘match’. The laboratory provided a report to the effect there was no definitive match. Our team also engaged an expert gynaecologist who provided an expert report to the effect that the analysis of the complainant was inconsistent with her (latter) account of having sexual intercourse with our client on the day police were called to the home. The prosecution nevertheless took the case to trial in Sydney West Trial Courts, Parramatta. Our defence team systematically took apart the prosecution case through careful use of defence materials and expert cross examination, revealing the major inconsistencies in the complainant’s statement, ensuring the jury had a full account of the nature of the relationship between the complainant and defendant, and raising doubt regarding the veracity of the DNA evidence. The jury ultimately returned verdicts of not guilty to all of the charges.
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