Aggravated sexual assault in company is an offence under section 61JA of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for life. The standard non-parole period is imprisonment for 15 years.
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To prove an aggravated sexual assault in company, the prosecution must show beyond reasonable doubt that:
1. A person had sexual intercourse with another person;
2. The sexual intercourse occurred without their consent;
3. The person knew they were not consenting;
4. The sexual intercourse occurred whilst in the company of another person; and
5. At the time, immediately before or immediately after the commission of the offence, the person:
> Threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby or
> Threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or
> Deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.
Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.
A person knows that the other person does not consent to sexual intercourse if:
– The person knows that the other person does not consent to the sexual intercourse;
– The person is reckless as to whether the other person consents to the sexual intercourse;
– The person has no reasonable grounds for believing that the other person consents to the sexual intercourse.
You may have a defence if:
– You did not have sexual intercourse with the complainant
– The complainant consented to the sexual intercourse
– The onus is on the prosecution to prove all the elements of the offence beyond a reasonable doubt.
This offence is regarded as among the most serious offences, reflected in the maximum penalty of life imprisonment. Upon conviction a full-time custodial sentence is highly likely. The Crimes (Sentencing Procedure) Act 1999 (NSW) prescribes a standard non-parole period of 15 years.
For the full range of penalties that can be imposed, see our Sentencing Options page.
For a detailed, free initial consultation, contact one of our criminal law specialists.