sexual assault lawyers central coast nsw 2250

What is a Sexual Assault?

Sexual assault is one of the most common criminal offences brought before the courts today. There are countless victims of sexual assault who rightly deserve justice. However, many innocent people face false allegations resulting from a social night out, claims of assault from decades ago, or claims of assault from vengeful ex-partners.

Anyone charged with a sexual assault offence is forced to defend themselves against extremely serious criminal charges with maximum penalties, including lengthy terms of imprisonment. They also have to face the embarrassment and humiliation associated with such allegations.

Sexual assault is governed by the Crimes Act 1900 (NSW).  There are many different types of sexual assault-related offences, but all sexual assault allegations or charges should be treated very seriously.

In most sexual assault cases, the prosecution must prove that a sexual assault occurred by the accused without the victim's consent and knowing that the victim did not consent. The prosecution must prove this beyond a reasonable doubt. 

Penalties for Sexual Assault offences

Sexual assault

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.

Aggravated sexual assault 

Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

Aggravated sexual assault in company

A person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse in the company of another person or persons, and in circumstances of aggravation is liable to imprisonment for life.

Assault with intent to have sexual intercourse 

Any person who, with intent to have sexual intercourse with another person: who intentionally or recklessly inflicts actual bodily harm on the other person or a third person who is present or nearby, or threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument, is liable to imprisonment for 20 years.

Sexual intercourse - child under 10 

Any person who has sexual intercourse with a child under the age of 10 years is guilty of an offence. The maximum penalty: imprisonment for life.

Attempting, or assaulting with intent, to have sexual intercourse with a child under 10

Any person who attempts to have sexual intercourse with another person under the age of 10 years or assaults any such person with intent to have sexual intercourse shall be liable to imprisonment for 25 years.

Sexual intercourse - child between 10 and 16

Child between 10 and 14 Any person who has sexual intercourse with another person of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.

Child between 10 and 14--aggravated offence Any person who has sexual intercourse with another person of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.

Child between 14 and 16 Any person who has sexual intercourse with another person of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.

Child between 14 and 16--aggravated offence Any person who has sexual intercourse with another person of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.

Persistent sexual abuse of a child 

A person who, on 3 or more separate occasions occurring on separate days during any period, engages in conduct in relation to a particular child that constitutes a sexual offence is liable to imprisonment for 25 years.

Procuring or grooming a child under 16 for unlawful sexual activity

Procuring children. An adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence. The maximum penalty in the case of a child who is under the age of 14 years is imprisonment for 15 years, or in any other case imprisonment for 12 years.

Incest

Any person who has sexual intercourse with a close family member of or above the age of 16 years is liable to imprisonment for 8 years.

What is Sexual Touching?

In response to the Royal Commission’s Criminal Justice Report after recent cases of institutional child sexual abuse, the NSW Government passed new legislation to reform the area of sexual offences. Previously, offences such as ‘indecent assault’ and ‘acts of indecency’ were the relevant offences in this area. In order to remove the vagueness that these phrases produced, the NSW Government introduced new offences of ‘sexual touching’ and ‘sexual acts’ to replace them.

The charge of Sexual Touching (indecent assault) is very common and is often heard before a Magistrate in the Local Court. However, where the circumstances surrounding the assault are more serious or are aggravated, the DPP may elect to take the matter to the District Court, where the maximum penalty is 5 years imprisonment.

What is the difference between "Sexual Touching" & " Sexual Act"?

Sexual touching involves a physical act, whereas a sexual act does not have to involve a physical act. A sexual act can, for example, involve a person encouraging or forcing another to touch themselves for their gratification, without any physical touching taking place.

How do you know if the touching or act is Sexual?

Sexual Touching generally involves inappropriate touching of a sexual nature of a person's breasts, buttocks or genitals. Most Sexual Acts do not cause physical injuries or marks and may occur without any witnesses being present. 

The test that is applied is: ‘would the reasonable person consider the touching or act to be sexual?’ The ‘reasonable person’ is a hypothetical person that the Courts use to resolve these issues. They are said to be a person with an ordinary degree of reason, prudence, care and foresight.

In determining whether the act is sexual or not, the Court considers factors such as:

  • Where the person was allegedly touched (genital, anal or breast area)
  • The alleged offender's intention for touching(sexual gratification or sexual arousal), and:
  • Whether any aspects of the act makes it sexual

Penalties for Sexual Touching offences

Sexual Touching (previously Indecent Assault)

Any person who assaults another person over 16 years of age and, at the time of, or immediately before or after, the assault, commits an act of Sexual Touching (indecency) on or in the presence of the other person is liable to imprisonment for 2 years in the Local Court and imprisonment for 5 years in the District Court.

Aggravated Sexual Touching  

Any person who assaults another person in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of Sexual Touching (indecency) on or in the presence of the other person is liable to imprisonment for 7 years.

Any person who assaults another person, and, at the time of, or immediately before or after, the assault, commits an act of Sexual Touching (indecency) on or in the presence of the other person, is liable to imprisonment for 10 years, if the other person is between 10 and 16 years of age.

Any person who assaults another person, and, at the time of, or immediately before or after, the assault, commits an act of Sexual Touching (indecency) on or in the presence of the other person, is liable to imprisonment for 16 years, if the other person is under the age of 10 years.

Penalties for Sexual Act offences

Sexual Act (previously Act of Indecency) 

Any person who commits a Sexual Act (act of indecency) with or towards a person under the age of 16 years, or incites a person under that age to commit a Sexual Act with or towards that or another person, is liable to imprisonment for 2 years.

Any person who commits a Sexual Act (act of indecency) with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to commit a Sexual Act with or towards that or another person, is liable to imprisonment for 18 months.

Aggravated Sexual Act  

Any person who commits a Sexual Act (act of indecency) with or towards a person under the age of 16 years, or incites a person under that age to commit a Sexual Act with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.

Any person who commits a Sexual Act (act of indecency) with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to commit a Sexual Act with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 3 years.

Any person who commits a Sexual Act (act of indecency) with or towards a person under the age of 10 years, or incites a person under that age to commit a Sexual Act with or towards that or another person, is liable to imprisonment for 7 years.

A person who commits a Sexual Act (act of indecency) with or towards a person under the age of 16 years, or incites a person under the age of 16 years to commit a Sexual Act with or towards that person or another person, and who knows that the Sexual Act is being filmed for the purposes of the production of child abuse material, is liable to imprisonment for 10 years.

What are aggravating circumstances?

Whether a sexual offence was committed in circumstances of aggravation will depend on the offence the accused is charged with. The aggravating circumstances will vary depending on the offence. It is enough for the prosecution to prove only one aggravating circumstance to prove that the offence was aggravated. 

Aggravating circumstances may include:

  • The offender intentionally or recklessly inflicted actual bodily harm;
  • The offender threatened the victim or other people present by using a weapon;
  • The offender was in the company of other people;
  • The victim is under 16 years of age;
  • The victim is under the authority of the offender;
  • The victim has a serious physical disability;
  • The victim has a cognitive impairment;
  • The offender breaks into a building with the intention of committing the offence; and
  • The offender deprives the victim of their liberty before or after the offence.

What sentencing options are available?

This depends on the age of the victim. If the victim is aged 16 and under, a custodial sentence (prison term) will be highly likely.

If the victim is under 16 years of age, an Intensive Corrections Order is not available as a sentencing option. An Intensive Correction Order means that the Judge or Magistrate has determined that the offender is suitable for a prison sentence, however, decides that they can serve their time in the community. This means that if you are found guilty for an offence of this type against a victim under the age of 16, you will either need to be granted a lower grade sentence known as a Community Correction Order (CCO) or receive a full-time custodial sentence. There is no longer any other available sentencing option for this offence.

Can I fight sexual assault charges?

Defences vary for sexual assault offences. If someone has been charged with sexual assault, consent may be a defence. The knowledge of the victim’s capacity to consent is important.  For example, in charges of sexual assault where a person has a cognitive impairment, it is a defence if you did not know the victim had a cognitive impairment.

What if they consented?

Consent is not a defence for certain sexual assault offences.  For example, offences against children and persons with cognitive impairment is not a defence because those persons are not capable of giving consent. 

What if you are married to the victim?

Even if you are married to the person it is alleged you have committed the sexual assault offence against, you are can still be charged with sexual assault, aggravated sexual assault in company, and sexual assault with intent to have sexual intercourse.

Offences and Penalties

SEXUALLY TOUCH ANOTHER PERSON WITHOUT CONSENT - (LPC:93656)
Crimes Act 1900, section 61KC(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $5,500.
› District Court: 5 years imprisonment.

AGGRAVATED SEXUAL TOUCHING - incite another person to sexually touch them without consent - (LPC:93666)
Crimes Act 1900, section 61KD(1)(b)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 7 years imprisonment and or a fine with a 5 year standard non-parole period.

CARRY OUT SEXUAL ACT TOWARDS ANOTHER PERSON WITHOUT CONSENT - (LPC:93672)
Crimes Act 1900, section 61KE(a)
Maximum Penalty:
› Local Court: 18 months imprisonment.
› District Court: 18 months imprisonment.

SEXUAL INTERCOURSE WITH CHILD UNDER THE AGE OF 10 YEARS - (SI) - (LPC:85916)
Crimes Act 1900, section 66A(1)
Maximum Penalty:
› District Court: Life imprisonment with a 15 year standard non-parole period.
› Supreme Court: Life imprisonment with a 15 year standard non-parole period.

SEXUAL INTERCOURSE WITHOUT CONSENT - (SI) - (LPC:271)
Crimes Act 1900, section 61I
Maximum Penalty:
› District Court: 14 years imprisonment with a 7 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT - inflict actual bodily harm on victim - (SI) - (LPC:272)
Crimes Act 1900, Section 61J(1)
Maximum Penalty:
› District Court: 20 years imprisonment with a 10 year standard non-parole period.
› Supreme Court: 20 years imprisonment with a 10 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT - victim under the age of 16 - (SI) - (LPC:274)
Crimes Act 1900, Section 61J(1)
Maximum Penalty:
› District Court: 20 years imprisonment with a 10 year standard non-parole period.
› Supreme Court: 20 years imprisonment with a 10 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT - offender in company with other person(s) - (SI) - (LPC:277)
Crimes Act 1900, Section 61J(1)
Maximum Penalty:
› District Court: 20 years imprisonment with a 10 year standard non-parole period.
› Supreme Court: 20 years imprisonment with a 10 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT - victim under authority of offender - (SI) - (LPC:280)
Crimes Act 1900, Section 61J(1)
Maximum Penalty:
› District Court: 20 years imprisonment with a 10 year standard non-parole period.
› Supreme Court: 20 years imprisonment with a 10 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT in company and inflict actual bodily harm - (SI) - (LPC:43395)
Crimes Act 1900, section 61JA(1)
Maximum Penalty:
› District Court: Life imprisonment with a 15 year standard non-parole period.

AGGRAVATED SEXUAL ASSAULT in company and deprive liberty - (SI) - (LPC:43397)
Crimes Act 1900, section 61JA(1)
Maximum Penalty:
› District Court: Life imprisonment with a 15 year standard non-parole period.

ASSAULT CHILD UNDER 10 YEARS with intent to have sexual intercourse - (SI) - (LPC:93688)
Crimes Act 1900, section 66B
Maximum Penalty:
› District Court: 25 years imprisonment with a 10 year standard non-parole period.
› Supreme Court: 25 years imprisonment with a 10 year standard non-parole period.

HAVE SEXUAL INTERCOURSE WITH CHILD aged between 10 years and 14 years - (SI) - (LPC:93692)
Crimes Act 1900, section 66C(1)
Maximum Penalty:
› District Court: 16 years imprisonment with a 7 year standard non-parole period.

INTENTIONALLY SEXUALLY TOUCH CHILD under 10 years old - (SI) - (LPC:93701)
Crimes Act 1900, section 66DA(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 16 years imprisonment with an 8 year standard non-parole period.

INTENTIONALLY SEXUALLY TOUCH CHILD between 10 years and 16 years - (LPC:93710)
Crimes Act 1900, section 66DB(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 10 years imprisonment.

INTENTIONALLY CARRY OUT SEXUAL ACT towards a child under 10 years - (LPC:93718)
Crimes Act 1900, Section 66DC(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 7 years imprisonment.

INTENTIONALLY CARRY OUT SEXUAL ACT towards a child between 10 years and 16 years - (LPC: 93726)
Crimes Act 1900, Section 66DD(a)
Maximum Penalty:
› Local Court: 2 years imprisonment.
› District Court: 2 years imprisonment.

FILMING SEXUAL ACT WITH CHILD under 16 years for production of child abuse material - (LPC:93741)
Crimes Act 1900, Section 66DF(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 10 years imprisonment.

PERSISTENT SEXUALLY ABUSE A CHILD - (maintain an unlawful sexual relationship) - (LPC:93750)
Crimes Act 1900, Section 66EA(1)
Maximum Penalty:
› District Court: Life imprisonment.
› Supreme Court: Life imprisonment.

PROCURE CHILD BETWEEN 14 YEARS AND 16 YEARS for unlawful sexual activity - (LPC:67839)
Crimes Act 1900, Section 66EB(2)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 12 years imprisonment with a 5 year standard non-parole period.

PROCURE CHILD UNDER 14 YEARS for unlawful sexual activity - (LPC:67840)
Crimes Act 1900, Section 66EB(2)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 15 years imprisonment with a 6 year standard non-parole period.

PROVIDE BENEFIT TO PROCURE A CHILD (under 14 years) for unlawful sexual activity when the child is under the person’s authority - (LPC:93751)
Crimes Act 1900, Section 66EC(2)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $5,500.
› District Court: 6 years imprisonment.

PROVIDE BENEFIT TO PROCURE A CHILD (over 14 years) for unlawful sexual activity when the child is under the person’s authority - (LPC:93752)
Crimes Act 1900, Section 66EC(2)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $5,500.
› District Court: 6 years imprisonment.

CARER HAVE SEXUAL INTERCOURSE WITH PERSON who has cognitive impairment - (LPC:67742)
Crimes Act 1900, Section 66F(2)
› Maximum Penalty:
› District Court: 10 years imprisonment.

We are here to help

Our solicitors specialise in Sexual Assault matters and represent clients in Courts throughout the Central Coast and Hunter Regions. We have the experience and expertise to guide you through the court process from beginning to end to get you the best possible outcome.

If you are not guilty of the charges, our criminal lawyers can help you clear your name and if you wish to plead guilty, we can help you avoid or minimise any gaol term.

If you have been charged with sexual assault, don't take risks with your future. If you need advice from an experienced lawyer, contact one of our criminal law specialists immediately on 1300 529 444 or fill in our contact form to arrange a free conference with a solicitor today. Contact us now! 24-hour legal advice 7 days a week.

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I highly recommend Fourtree lawyers, in particular Denise McCarthy. Denise and her team at Fourtree were professional, friendly and made me feel at ease. Denise was great with any communication that needed to be had and took her time to explain all details of my situation to make sure I understood all that had to be done. The outcome of my case was the best resul... ... ... ... t we could have asked for and that all comes down to the fact Denise planned and executed with precision. Thank you again Denise and the Fourtree family.  read more  read more  read more  read more

michael gleeson

Aug 23, 2023

vary happy with the service Luke provided with a great outcome achieved..

jordan crichton

Aug 17, 2023

I got myself into a complete hot mess. Whilst I am in a position of bettering myself I had made a stupid mistake. It would be understandable for the courts to be pretty ruthless, however Denise was more than capable of explaining my situation to the judge, being down to earth enough to instruct me exactly what to do along the whole process without making me feel ... ... ... ... stupid and gave me a feeling of confidence throughout this whole ordeal. I could not recommend Denise and the team at Fourtree enough. Thank you so much.  read more  read more  read more  read more

Nathan Downey

Aug 12, 2023

Luke Del Monte handled my case with exceptional results. I cannot thank him and the team at Fourtree Lawyers enough.

Jojo Jojo

Jul 20, 2023

Luke was wonderful. Very efficient. Stayed in contact throughout the process. The AVO was reduced from 24 months to 12 months with the best possible outcome. Cost was minimal. Had us in and out of the courtroom quickly. Very pleased with our results and would most certainly recommend FourTree lawyers. If we ever get put in an unfortunate position again we will de... ... ... ... finitely contact and ask for Luke. Many thanks.  read more  read more  read more  read more

claire coyle

Jun 14, 2023

I dealt with Luke Del Monte from Fourtree Lawyers, Luke was excellent from our initial meeting to the end process and I was extremely happy with the outcome.

Donna

Jun 2, 2023

Well the past close too 3 years I have been working with Bronwyn on my late fathers estate I have to say from the first meeting point of contact Jane then with Kevin and Bronwyn to nearly the end I have been very pleased with the way everything was handled and I am going to miss the little chats with everyone I really wish everyone the best you all work very hard... ... ... ...  and always have empathy with your customers! We are not at the end yet but I had to leave a review because I’m very happy and recommend these guys 110%!  read more  read more  read more  read more

SU WELLS

May 30, 2023

Highly recommend this company ( especially Luke Del Monte ) - their diligence and empathy is outstanding

Ryan Wilson

May 17, 2023

Couldn't recommend enough the effort that they put in to not only reduce my sentence but to appeal the case entirely, my lawyer Denise was massive when it came to preparation aswell as amazing inside the court room. If it wasn't for Denise and fourtree lawyers I would be out of a job.

roberto chacon

May 15, 2023

I was assigned Denise for my case for a DUI offence in which the outcome of my case was pretty much impossible to win. With her knowledge, experience and professionalism she somehow won my case and got my suspension overturned. She was amazing from start to finish and she really shined in the court room. She was in a league of her own compared to all the other la... ... ... ... wyers who were attending court that day and I felt that I had nothing to worry about. She is an asset to the law firm and would highly recommend. Everyone at the firm did a great job and I was thrilled with my outcome .  read more  read more  read more  read more

Sharon Merriman

Apr 25, 2023

Great Service Thankyou

Iain R

Apr 14, 2023

Excellent work on a traffic matter and a favourable outcome in court. Highly recommended.

Faith Greay

Feb 19, 2023

I had a lawyer who was hopeless and i had no faith in winning, until i contacted four tree lawyers! I could not have asked for a more down to earth amazing lawyer who infact won my case! Ofiena u are awsome and i thank you greatly! I look forward to working with ofiena in the future!

Laurent ragouet

Feb 18, 2023

Very pleased with the attention and service provided by fourtree ..the communication was fantastic and having the team and Denise McCarthy assist with my matter concluded a favourable outcome..I can not be grateful enough for the efforts and level of dedication provided by all members for fourtree and would recommend anyone with a legal matter to seek assistance ... ... ... ... from this organisation without hesitation. I must thank Denise for her professionalism and preparation towards my matter 10/10.  read more  read more  read more  read more

Panagiota Gates

Feb 8, 2023

If only there were more stars to choose, I would be highlighting all of them. From the very first phone call I made to the Manager Jane Hogan who instantly calmed my anxiety, through to my dealings with my professional and very approachable lawyer in Denise McCarthy, Fourtree Lawyers were exceptional. Denise fought for me every step of the way, despite the fact t... ... ... ... hat achieving a favourable outcome looked grim. My situation involved me committing a traffic infringement while on a good behaviour bond and with a long & messy driving record we were up against it. However with honest & clear advice, in gathering a defence together, Denise approached this with gusto. Every factor that could help was looked at. In the end, Denise got an outcome that not only saved my licence but no financial penalty was applied. I was overjoyed with the result. So glad that I chose Fourtree lawyers to fight on my behalf. Thank you.  read more  read more  read more  read more

Cheri Magann

Jan 30, 2023

Denise at fourtree helped me greatly. I was so impressed!! Definitely recommend. Thanks so much

Pene Scott

Jan 23, 2023

My son Craig chose Luke Del Monte to represent his case, he couldn't have chosen a better person to represent him. He won his case, he is a very approachable and likeable person but very professional at the same time. We are very grateful for all his hard work and have no hesitation in recommending Luke to anyone needing good legal representation. Respectfully Yo... ... ... ... urs Craig and Pene Scott  read more  read more  read more  read more

Melissa Jensen

Jan 15, 2023

If you ever find yourself in the unfortunate situation of needing legal advice and support, look no further. The staff at Fourtree Lawyers have provided my family with professional and emotional support any time of the day or night. They are available 24 hours a day, even on public holidays. Fourtree Lawyers worked long and hard over several years (partially due ... ... ... ... to covid delays) to achieve the best possible outcome. It was dismissed with no conviction recorded. I truly believe this ultimate result was due to the knowledgeable and professional staff at Fourtree Lawyers who engage the best Solicitors, Lawyers, Personal Assistants and the most amazing Barrister. The Barrister presented to the Court in a way no other one could which enabled the Magistrate to gain a legitimate and detailed understanding of the whole situation to make his final Judgement. I don't believe any other Law Firm could have done a better job than Fourtree Lawyers due to their prompt, professional, knowledgeable and emotional support. They really deserve a holiday!  read more  read more  read more  read more

Kellie Howison

Dec 6, 2022

Nice and friendly