Facing an allegation of aggravated indecent assault can be a stressful and overwhelming experience. Fortunately, LY Lawyers, one of the leading criminal defence firms in Sydney, is here to provide you with clear and concise information about this serious offence – so you can navigate the charges with total confidence.
What is meant by Aggravated Indecent Assault offences?
So, what is aggravated indecent assault in Australia? In New South Wales, Aggravated Indecent Assault is a criminal offence outlined in“> Section 61M of the Crimes Act 1900 (NSW). It refers to an assault that involves an indecent act, with the seriousness of the crime increased due to specific circumstances. These circumstances can include:
- The assault being committed in the company of another person (or persons).
- The victim being under the authority of the accused, such as a student or someone in their immediate care.
- The victim having a serious physical disability.
- The victim having a cognitive impairment.
The seriousness of Aggravated Indecent Assault
Aggravated Indecent Assault NSW is considered a very serious offence in this state, carrying a maximum penalty of 7 years’ imprisonment if heard in the District Court. If the offence is dealt with in the Local Court, the maximum penalty is 2 years’ imprisonment. However, the penalty can be even harsher (up to 10 years’ imprisonment) if the victim is under the age of 16.
What does the prosecution set out to prove in Aggravated Indecent Assault cases?
The prosecution, or the legal team representing the state, must prove all elements of the offence beyond a reasonable doubt to secure a conviction. These elements include:
- An assault: This means an intentional or reckless act that caused the victim to fear immediate and unlawful violence.
- The assault was indecent: This refers to an act that is considered offensive or inappropriate in a sexual nature.
- The assault occurred without the other person’s consent: The prosecution must show the victim did not agree to the act.
- The offence involved one or more of the aggravating circumstances: This could be the presence of another person, the victim’s age, disability, or impairment.
What are the different types of aggravated indecent assault offences?
Here’s are some examples of aggravated indecent assault offences and their severity:
- Aggravated Indecent Assault: This is the base offence with a maximum penalty of 7 years’ imprisonment (10 years if under 16) as mentioned earlier.
- Aggravated Indecent Assault in Company: This occurs when the assault is committed with another person present.
- Aggravated Indecent Assault of a Person with a Disability: This applies when the victim has a serious physical disability or cognitive impairment.
- Aggravated Indecent Assault of a Person in Authority: This occurs when the offender is in a position of authority over the victim, such as a teacher or carer.
What are the various penalties associated with aggravated indecent assault offences in Sydney, NSW, Australia?
The penalties for aggravated indecent assault NSW can vary depending on the severity of the offence and the offender’s criminal history. Here’s a breakdown of the potential penalties associated with aggravated indecent assault:
- Imprisonment: A prison sentence can range from a minimum sentence to the maximum of 7 years or 10 years (if under 16).
- Fines: While less common, a fine may be imposed in addition to, or instead of, a term of imprisonment.
- Community service orders (CSO): A court may order the offender to complete unpaid community service work.
- Intensive correction orders (ICO): Intensive correction orders involves serving a sentence in the community under strict supervision.
- Sex offender registry: In some cases, the offender may be required to register as a sex offender.
- Home detention: Home detention allows the offender to serve their sentence at home with electronic monitoring.
- Section 12 (Good Suspended Sentence): Section 12 (Good Suspended Sentence) refers to a suspended sentence, which means that the court imposes a custodial sentence but suspends its execution.
- Section 9 (Good Behaviour Bond): Section 9 (Good Behaviour Bond) refers to a court order requiring the offender to be of good behaviour and comply with certain conditions.
- Section 10 Dismissal: Section 10 Dismissal allows the court to dismiss the charges without imposing any penalties or convictions on the offender.
Possible defences when charged with an aggravated indecent assault offence
There are various defences that may be applicable depending on the specific circumstances of your case. These include:
- Mistake: This defence applies if you genuinely believed the victim consented to the act.
- Self-defence: This defence can be used if you used reasonable force to defend yourself.
- Duress: This applies if you were forced to commit the act under threat of violence.
- Lack of mental capacity: This defence is used if you were unable to understand the nature of your actions due to a mental illness.
Please note: The specific legal arguments and defences available will depend on the unique details of your aggravated indecent assault offences case. As such, consulting with an experienced criminal lawyer like LY Lawyers in Sydney, is crucial to determine the most suitable defence strategy for you.
Your Options in Court When Faced with Aggravated Indecent Assault Charges
- Plead Guilty: This may be an option if you accept responsibility for the offence and are seeking a more lenient sentence. However, it’s important to discuss the implications of a guilty plea with your lawyer before proceeding down this path.
- Plead Not Guilty: This option allows you to contest the charges and present your defence in court.
- Negotiate: Your lawyer can negotiate with the prosecution to potentially reduce the charges or the severity of the sentence.
