Sexual Assault is an offence under section 61I of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You must be found not guilty if the prosecution is unable to establish all three of those ‘elements’.
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 taking by the defendant to determine whether there was consent but it cannot consider any self-induced intoxication by the defendant.
The grounds upon which it can be established there was no consent include where a person consents whilst:
A person does not consent if:
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