Sexual & Indecent Assault Cases
Sexual & indecent assault cases are highly serious and related charges carry harsh penalties for offenders. If you have found yourself on the wrong side of the law and are facing sexual & indecent assault charges, it is important that you seek the services of a highly experienced criminal defence lawyer who has fought and won cases of a similar nature in the past.
When making a final decision on the most appropriate punishment, the court will consider the nature of the sexual and indecent assault case as well as other factors such as past criminal history, personal character and individual circumstances. A professional criminal lawyer understands the Judiciary system, and their experience will help you to achieve the best possible outcome, given the circumstances of your case.
Below is an overview of a range of criminal offences that are related to sexual and indecent assault:
Sexual Assault & Aggravated Sexual Assault
If any person has sexual intercourse with another person without first obtaining their consent, this is classed as sexual assault. If the offence occurs in circumstances of aggravation, it is considered as far more serious and is then classed as aggravated sexual assault.
Sexual assault is a serious crime, with sexual assault offenders facing up to 14 years imprisonment in NSW under the Crimes Act 1900 (NSW). If you are convicted of sexual assault, you will also face a non-parole period of 7 years. The penalty for aggravated sexual assault is far more significant, with a possible 20 years imprisonment being imposed. Depending on the circumstances, the Court may decide to pass down a lesser sentence, such as an Intensive Corrections Order (ICO) or a Community Service Order (CSO). An expert criminal lawyer with extensive experience, in defending sexual and indecent assault cases, will give you your best chance of receiving a lesser punishment, as they have in-depth knowledge of all aspects of criminal law and can present your case most effectively to the court.
Obscene exposure is the act of deliberately exposing body parts in a way that is considered to be offensive and socially inappropriate. This is classed as a sexual and indecent assault case and is a criminal offence that is punishable by 6 months imprisonment and/or a fine.
Indecent Assault & Aggravated Indecent Assault
Indecent assault refers to the act of assaulting another person, as well as committing an act of indecency on, or in the presence of the other person, before, after or at the time of the assault. Penalties include a maximum of 5 years imprisonment and/or a fine. If the assault is aggravated, it is classed as aggravated indecent assault, which can incur 7 years imprisonment. If the victim is below the age of 16, the penalty is increased to 10 years imprisonment. Indecent assault and aggravated indecent assault are serious crimes that require the services of a reputable criminal lawyer who is experienced in representing offenders in sexual and indecent assault cases.
Act of Indecency
Acts of indecency refer to offensive actions that are found to be socially unacceptable. They differ from indecent assault, in that they do not need to be performed on a victim, but only need to be witnessed by the victim, whereas indecent assault involves instilling fear through threats and intimidation or harming the victim.
The penalties for acts of indecency depend largely on the nature of the crime, with 2 years maximum imprisonment if the victim is under the age of 16 and a maximum of 18 months imprisonment if the victim is above the age of 16. The Court may also issue a fine.
Child Abuse Material
Anyone who creates, publishes, or possesses child abuse material has committed a criminal offence and requires the services of an experienced criminal lawyer. If found guilty, the offender could face up to 10 years imprisonment.
Child Sex Offences / Grooming
All sexual assault offences are considered as serious crimes, though if a child is involved, the crime is perceived to be even more serious with harsher punishments. The most common child sex offences found in sexual and indecent assault cases, involve having sexual intercourse with a child or grooming a child for unlawful sexual activity. The penalties largely depend on the nature of the crime, with a maximum of 25 years imprisonment.
Benjamin Leonardo are experienced defence lawyers in Sydney and Parramatta and are conveniently located near the district courts. They understand the strain that sexual and indecent assault cases have on the defendant and their families and provide sympathetic, non-judgemental advice and support to their clients. Having defended more than 3,800 cases and with a success rate of over 90%, Benjamin Leonardo offers assault defence legal services in Sydney and Parramatta which provide their clients with informed legal advice and flexible payment terms. If you have been charged with an assault offence, please contact the criminal lawyers at Benjamin Leonardo on (02) 9283 3033, for your first Consultation.