Strongest Defence to Aggravated Sexual Assault in Company
Aggravated Sexual Assault in Company is having ‘sexual intercourse’ without ‘consent’ while knowing that the other person does not consent, in circumstances where:
- You are with another person/s, and either
- Actual bodily harm is inflicted, or
- Threats are made with an offensive weapon, or
- The other person, called the ‘complainant’, is deprived of their liberty.
The offence is ‘strictly indictable’ which means it must be dealt with in a higher court, such as the District Court.
Section 61JA of the NSW Crimes Act prescribes a maximum penalty of life imprisonment.
Pleading Not Guilty
If you don’t agree with the allegations, it is important that you get representation from a team of specialist criminal defence lawyers with a proven track record in:
- getting sexual assault cases dropped,
- winning sexual assault trials, and
- if you agree with part of the allegations, negotiating a much less-serious charge such as ‘indecent assault’ or ‘common assault’ and fighting for the best result.
This can be achieved by:
- Obtaining any statements and materials that support your case,
- Writing and advising the prosecution of inconsistencies and other weaknesses in the case against you,
- Advising that they cannot prove one or more of the ‘essential elements’ of the charge, eg that there was ‘penetration’ or one of the circumstances of aggravation above,
- Advising the prosecution that you have a valid defence, and
- Pressing for the withdrawal of the case, or reduction of the charge and amendment of the prosecution ‘facts’.
If the prosecution refuses, your criminal lawyer should be experienced at winning serious sexual assault trials.
Your lawyer can advise you if any of the following defences apply:
This is when the other complainant has freely and voluntarily agreed to the act.
Consent is not available in certain cases, eg if the complainant is under the age of 16 years or has a cognitive impairment.
Proper medical purpose
This is where the act was necessary to perform a recognised medical procedure.
This is when you are defending yourself, another person or property from an aggressor or thief.
This is when you are in an emergency situation and commit the alleged offence to get away.
This is when you are forced to commit the offence.
If you wish to plead guilty, any of the following penalties may apply:
Non Conviction Order
This means that you are guilty but the court does not impose a criminal conviction upon you.
The court will look a range of matters when deciding whether to grant a ‘section 10 dismissal or conditional release order’ – including the incident itself, the lead-up to the incident, your general character and your personal circumstances.
It is highly unlikely that you would achieve a ‘non conviction order’ if guilty of aggravated sexual assault in company.
Good behaviour bond
This means that you cannot commit any further offences for the duration of the bond.
The bond may have additional conditions, such as seeing a Community Corrections officer and complying with their directions.
Community service order
This means that you must undertake a specific number of hours of unpaid work over a 12 month period.
The maximum is 500 hours.
Community service orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether community service is available to you.
Intensive correction order
This means that you come under the supervision of the Department of Corrections and are required to undertake 32 hours of community service work per month.
You may also be required to undertake rehabilitation programs, attend conferences and be subjected to urinalysis and monitoring.
Intensive correction orders can last up to 2 years.
Intensive correction orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether an intensive correction order is available to you.
This means that you must generally stay at home for the duration of your sentence, subject to exclusions such as approved work or attending medical appointments or counselling.
Home detention orders can last up to 18 months.
Home detention orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether home detention is available to you.
This is when you are sentenced to a period of imprisonment, but are not actually sent to prison as long you comply with any conditions and do not commit any further offences.
Suspended sentences can last up to 2 years.
Full time prison
This is when you are sent to gaol.
Full time imprisonment can only be imposed if no other alternative is appropriate in the circumstances.
Call our experienced sexual assault lawyers today for a free first appointment where we can discuss your case and advise you of the best way forward.
24 /7 Assistance (02) 9261 8881