Sexual Assault / Rape
The term “sexual assault” can technically refer to a number of acts, but it generally means what used to be termed Rape. That is, sexual intercourse without consent.
Sexual intercourse is an essential part of sexual assault. Sexual intercourse is defined in the Crimes Act 1900 (NSW) as meaning “sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by any part of the body of another person, or any object manipulated by another person, except where the penetration is carried out for proper medical purposes, or sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or cunnilingus or the continuation of sexual intercourse.”
The fact that a person does not offer physical resistance to sexual intercourse does not of itself establish that the person is to be regarded as consenting, and sexual assault may in these circumstances be proved.
In a sexual assault prosecution the prosecution must prove that the accused knew that the complainant did not consent. Recklessness (as to whether the person was consenting) or a reasonable ground for believing the person was consenting, are factors to be carefully considered in defending a sexual assault charge.
Generally sexual assault trials are heard before a jury of 12. In order to convict the jury must be satisfied beyond reasonable doubt of the guilt of an accused, in relation to each element of the offence that makes up sexual assault.
There are numerous offences that relate to sexual assault, such as “sexual assault causing grievous bodily harm (GBH),” “Aggravated Sexual Assault,” and “Sexual Assault in Company.” Each of these have particular meanings at law, and different penalties.
Other variances of sexual assault may involve dealings with children (paedophilia), or the lesser offences of “indecent assault” or an “act of indecency.”
The penalties for sexual assault are significant. Standard Non Parole Periods may apply if found guilty after pleading not guilty.
