Definition of Sexual Intercourse

In order to prove ‘sexual assault’, the prosecution must establish beyond reasonable doubt that your engaged in ‘sexual intercourse’.

The meaning of sexual intercourse is contained in section 61I of the NSW Crimes Act which defines it as:

• any penetration of a female’s genitalia, or any person’s anus, by any part of another person or object, or 
• any penetration of a person’s mouth by any part of another’s penis, or
• cunnilingus.

If your lawyer believes that the prosecution cannot prove ‘sexual intercourse’, they can write to the prosecution and request that:

• the charges against you be dropped altogether, or
• if you admit that you engaged in some form of illegal conduct, that the charges be lessened to ‘indecent assault’ or ‘common assault’.

If the case nevertheless goes to a trial, your lawyer should have a good track record in winning sexual assault cases.