If you choose to plead ‘not guilty,’ you can ask your lawyer to fight the charges in court.

For you to be found guilty of aggravated sexual assault, the prosecution needs to prove the three elements of ‘sexual assault:’

• That you had sexual intercourse with another person
• Without their consent
• Knowing that they did not consent

In addition to this, they will need to prove that the sexual assault was committed ‘in company.’

Finally, the prosecution must prove that there was at least one ‘aggravating circumstance.’ An aggravating circumstance is some additional factor that makes the offence more serious.

If you end up in court, you may also be able to raise a defence, which, if accepted, can result in the charges being dismissed. Click on each of the below defences for more information:

• Consent – Note: This defence is not available where the victim was under 16 or intellectually disabled
• Proper medical purpose
• Self-defence
• Necessity
• Duress

If you choose to plead ‘guilty,’ your matter will be dealt with in a higher court, such as the District or the Supreme Court.

The maximum penalty for aggravated sexual assault is life imprisonment, however bear in mind that this is a maximum penalty only and will be reserved for the most serious offences. In fact, many people receive a far lesser penalty – this is because the judge decides the penalty based on all the facts and circumstances of your case.

The various penalties that the court can impose include:

• Section 10 Dismissal
• Conditional Release Order
• Fine
• Community Correction Order
• Intensive Correction Order
• Prison

Remember that your best shot at getting a favourable sentence is to speak to a specialized assault lawyer, who has the knowledge and experience to best assist you.

Sydney Criminal Lawyers® are a team of specialized defence lawyers with experience in fighting aggravated sexual assault cases.

The law can be complex and difficult to understand – that’s why we’ve provided some additional information below to help you understand what the prosecution needs to prove, and further, what kind of penalties you could be looking at if you plead guilty.

What does the prosecution need to prove?

Firstly, the prosecution needs to prove the three elements of ‘sexual assault:’

• That you had sexual intercourse with another person
• Without their consent
• Knowing that they did not consent

In addition to this, they will need to prove that the sexual assault was committed ‘in company.’ This means that the prosecution must show that there was at least one other person physically present at thetime of the offence, and that they shared a common purpose with the accused.

The court will consider the effect of the group as a whole in committing the act or intimidating the victim. It won’t be enough to show that the other person participated in the offence without being physically present– e.g. where someone acted as a lookout or assisted in planning the offence.

Finally, the prosecution must prove that there was at least one ‘aggravating circumstance.’ An aggravating circumstance is some additional factor that makes the offence more serious.

The law lists three possible ‘aggravating circumstances’:

1. That you intentionally or recklessly inflicted actual bodily harm upon the other person or someone nearby:

Actual bodily harm refers to harm that has some form of lasting impact – but it doesn’t have to be permanent.

Examples of actual bodily harm include bruises or scratches, and can include emotional harm where there is evidence of serious, lasting psychiatric harm.

2. That you made threats to use a weapon or instrument to inflict actual bodily harm upon the other person or someone nearby:

Threats to use a weapon can include verbal threats, as well as ‘physical’ threats such as showing the alleged victim a knife or pointing a gun at them. ‘Weapons’ or ‘instruments’ can refer to a wide range of objects, including guns (loaded or unloaded), knives, syringes, baseball bats and so on. The court will look at the threat from the perspective of the other person, so that a ‘threat’ can be made out even if the weapon could not actually cause harm – e.g. an unloaded gun.

3. The complainant was ‘deprived of their liberty’ before or after the offence:

This involves confining or detaining someone against their will.

What penalties could I face?

The maximum penalty for aggravated sexual assault is life imprisonment, however bear in mind that this is a maximum penalty only and will be reserved for the most serious offences.

Statistics show that the average sentence received is often much less than this, depending on the ‘circumstances of aggravation:’

• For aggravated sexual assault in company where actual bodily harm was intentionally or recklessly inflicted: The average sentence was 12.5 years imprisonment (including an offender under the age of 18).
• For aggravated sexual assault in company where threats of actual bodily harm were made using a weapon or instrument: The average sentence was 12 years imprisonment (the offender in this case was under 18).
• For aggravated sexual assault in company where the victim’s liberty was deprived: The average sentence was 15 years (including an offender under the age of 18)

While these penalties may seem harsh, remember that your best shot at getting a favourable sentence is to speak to a specialist sexual assault lawyer, who has the knowledge and experience to best assist you.

Sydney Criminal Lawyers® are a team of specialist criminal defence lawyers with experience in fighting aggravated sexual assault cases.

In many cases, we’ve been able to have charges dropped before the matter even gets to court by finding problems in the prosecution case.

Your liberty is your most important asset, so get the experts on your side now – call us on our 24 hour hotline (02) 9261 8881 and arrange your first free appointment to discuss you case!