The maximum penalty for the offence of “assault with intent to have sexual intercourse” is 5 years in prison, or 10 years where it involves a child between 10 and 16 years of age, or 16 years where it involves a child under 10.
According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:
- Intensive Correction Order: 60%
- Prison: 30%
- Community Correction Order: 10%
The average prison sentence for the offence is 22 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 15 months in prison.