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Aggravated Sexual Assault in Company is an offence under Section 61JA of the Crimes Act 1900 which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Sexual intercourse is defined by Section 61HA as:
‘Consent’ is defined by Section 61HE as freely and voluntarily agreeing to sexual intercourse.
When determining whether consent exists the court must look at all relevant circumstances, including any steps you took to determine whether consent existed but it cannot consider your self-induced intoxication.
Grounds upon which it can be established that consent did not exist include where the other person consented whilst:
The other person did not consent if:
Defences to the charge include:
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