Going to Court? Book Your Free First Appointment

Aggravated Sexual Act

Aggravated Sexual Act is an offence under section 61KF of the Crimes Act 1900 which carries a maximum penalty of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. Without the consent of the other person (the complainant), and
  2. Knowing the complainant did not consent
  3. You intentionally carried out a sexual act with or towards the complainant, or incited the complainant to carry out a sexual act with or towards you, or incited a third person to carry out a sexual act with or towards the complainant, or incited the complainant to carry out a sexual act with or towards a third person.

Sexual act’ is any act, other than sexual touching, carried out in circumstances where a reasonable person would consider it sexual.

Matters considered when deciding whether an act was sexual include:

  1. Whether the genital or anal area was involved, or in the case of a female, or a transgender or intersex person identifying as female, whether the breasts were involved, or
  2. Whether the act was for sexual arousal or sexual gratification, or
  3. Whether any other aspect or circumstance made it sexual.

Conduct which may amount to a sexual act includes:

  • masturbating in front of the complainant
  • inciting the complainant to masturbate
  • carrying out a simulated sexual act, or
  • inciting the complainant to carry out a simulated sexual act

‘Circumstances of aggravation’ are present where:

  1. You were with another person or persons, or
  2. The complainant was under your authority, or
  3. The complainant had a serious physical disability, or
  4. The complainant had a cognitive impairment

An act is not sexual if it was carried out for a genuine medical or hygienic purpose.

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity, and
  4. Lawful correction of a minor

What Our Clients Say SEE ALL

  • ★★★★★

    The Judge was impressed with the high quality material he helped present

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    Respect, dignity and determination

    Fahim, the name brings me memories of respect, dignity and determination. Absolutely relentless in his…

  • ★★★★★

    His second-to-non investigative and analytical skills have led to the strongest defence in court

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    An absolute consummate professional

    Karina is an absolute consummate professional. I recommend that if you're in legal trouble that…

Going to Court? Call For Your Free First Appointment