Indecent assault / Aggravated indecent assault
Indecent assault is committed when a person assaults another person and at the time of or immediately before or after the assault commits an act of indecency on or in the presence of the other person. Under section 61L of the Crimes Act 1900 (NSW) the maximum penalty is 5 years imprisonment. Conduct that might constitute indecent assault includes:
Aggravated indecent assault under section 61M of the Crimes Act 1900 (NSW) is committed when a person commits an indecent assault in aggravated circumstances which include:
The maximum penalty is 10 years imprisonment if the victim is under 16 years of age and 7 years imprisonment if the victim is 16 years of age or older. There is a standard non-parole period of 5 years imprisonment for this offence.
Act of Indecency / Aggravated Act of Indecency
This offence is committed when a person commits an act of indecency with or towards another person. The indecent act is one which a reasonable person would consider to be unacceptable or against community standards. You can also be charged if you encourage another person to commit the act. Under section 61N of the Crimes Act 1900(NSW), the maximum penalty for the offence is 2 years imprisonment if the victim is under 16 years of age, or 18 months’ imprisonment if the victim is 16 years or older.
Examples of acts of indecency include:
Sections 61O(1) and 61O(1A) of the Crimes Act 1900 (NSW) set out the offence of aggravated act of indecency. The offence is committed when an act of indecency is committed in circumstances of aggravation which include:
The maximum penalty us 5 years imprisonment where the victim is under 16 years of age and 3 years imprisonment where the victim is 16 years of age or older.
Sexual assault / Aggravated sexual assault
Sexual assault is an offence under section 61I Crimes Act 1900 (NSW). The offence of sexual assault is having sexual intercourse with another person without their consent. The maximum penalty is 14 years imprisonment and there is a standard non-parole period of 7 years. Sexual intercourse is the penetration of the vagina or anus of another person using a body part or any object and includes oral sex.
Aggravated sexual assault is an offence under section 61J of the Crimes Act 1900 (NSW) and has a maximum penalty of 20 years imprisonment. The standard non-parole period is 10 years imprisonment. Circumstances of aggravation means circumstances where:
Aggravated sexual assault in company is sexual intercourse with a person who does not consent, knowing that the person has not consented and while in the company of another person and at the time, immediately before or immediately after the commission of offence:
The maximum penalty for this offence under section 61JA of the Crimes Act 1900 (NSW) is imprisonment for life with a standard non-parole period of 15 years imprisonment.
There are a number of other sexual offences including:
The lawyers at Kingston Fox Lawyers are specialised in criminal law and as former prosecutors know the legal system from both sides. We can advise you on all aspects of your matter and ensure that the best possible outcome is achieved for you.
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