Aggravated Indecent Assault
Aggravated indecent assault occurs when a person intentionally touches another person in circumstances that are sexual in nature and without their consent, under aggravating conditions. Examples include:
- Indecent assault involving threats, coercion, or intimidation
- Assault on a person under the age of 16
- Assault involving multiple offenders
- Indecent assault occurring during a home invasion
The prosecution considers factors such as the nature of the contact, the relationship between the individuals involved, and the presence of aggravating circumstances.
Aggravated indecent assault involves non-consensual touching of another person in a way that is considered sexual, with aggravating factors such as violence, threats, or the involvement of a vulnerable victim. It is an offence under Section 61M of the Crimes Act 1900 (NSW) and carries a maximum penalty of seven years' imprisonment. If the offence involves additional aggravating factors, the penalties may be even more severe.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- There was physical contact – The accused made intentional physical contact with the complainant.
- The contact was sexual in nature – The conduct was indecent and beyond ordinary social interactions.
- The complainant did not consent – The person subjected to the act did not agree to it.
- The accused acted intentionally or recklessly – The accused was aware or should have been aware that their actions were non-consensual.
Aggravating factors were present – There was violence, threats, coercion, or other circumstances making the offence more serious.
Possible Defences
If you are charged with aggravated indecent assault, possible defences include:
- Consent – If the alleged victim consented to the act, there may be grounds to dismiss the charge.
- Mistaken Identity – If there is a lack of evidence proving the accused was involved in the act.
- Lack of Intent – If the physical contact was accidental or not intended to be sexual.
- Duress or Coercion – If the accused was forced into committing the act under threats or pressure.
A skilled defence lawyer can evaluate the evidence and argue for reduced or dismissed charges.
Potential Penalties
The court may impose penalties such as:
- Section 10 Dismissal – No conviction recorded
- Fine – A financial penalty depending on the severity of the case
- Conditional Release Order (CRO) – A good behaviour bond without a conviction
- Community Correction Order (CCO) – Supervised compliance with conditions
- Intensive Correction Order (ICO) – A stricter alternative to full-time imprisonment
- Imprisonment – Up to 7 years, or longer in aggravated cases
The sentence depends on the circumstances of the case and the presence of aggravating or mitigating factors.
Legal Process
& Options
Seeking experienced legal representation is essential to ensure your rights are protected throughout the legal proceedings.Aggravated indecent assault charges involve a police investigation, court appearance, and potential hearing or trial. Legal representation is crucial.
Pleading
Not Guilty
If you believe you have been wrongfully accused or the evidence is insufficient, you may choose to plead not guilty. Your defence lawyer can challenge the prosecution’s case by:
- Questioning the credibility of witnesses and evidence
- Demonstrating inconsistencies in the allegations
- Presenting valid legal defences such as consent or lack of intent
If the prosecution fails to prove the case beyond a reasonable doubt, you will be found not guilty.
Pleading
Guilty
If you acknowledge the charge, pleading guilty may lead to a more lenient sentence as it demonstrates remorse and cooperation with the court. The court may consider factors such as:
- The severity of the offence
- Whether there are mitigating circumstances
- Good character references
- Willingness to undergo rehabilitation programs
Depending on the circumstances, the court may impose a less severe penalty, such as a good behaviour bond or community-based order, rather than imprisonment.
If you have been charged with sexual assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Here is some general information about various types of sexual assault and how our criminal defense team can help you:
If you have been charged with sexual assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Sexual violence is any form of sexual behavior that is forced upon a person without their consent.
Expression :
- Rape or sexual assault
- Forcing the victim to perform sexual acts or watch pornography
- Exchanging sex for other actions or items
Impact : Sexual violence not only causes physical harm to victims, but also seriously damages their mental health and leads to problems such as post-traumatic stress disorder (PTSD).
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