Any person who has sexual intercourse with another person without the consent of the other person and who knows the other person does not consent to the sexual intercourse is guilty of sexual assault.
A person knows if another person does not consent if:
- The person knows the other person does not consent,
- The person is reckless as to whether the other person consents,
- The person has no reasonable grounds for believing the other person consents.
A person does not consent to sexual intercourse if:
- The person does not have the capacity to consent
- The person does not have the opportunity to consent
- The person consents to sexual intercourse because of threats of force or terror
- The person consents because they are unlawfully detained
The grounds upon which it may be established that a person does not consent to sexual assault include:
- The person has sexual intercourse whilst substantially intoxicated by alcohol or drugs
- The person has sexual intercourse because of intimidatory or coercive conduct
- The person has sexual intercourse because of the abuse of a position of authority or trust.
Sexual Assault carries a maximum sentence of 14 years imprisonment. There is also a standard no-parole period of 7 years.
The penalties increase if the offence is aggravated or committed in company.
If you have been charged with sexual assault, please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.