Facing an allegation of aggravated sexual assault in company is an incredibly serious matter. LY Lawyers, a leading Sydney-based criminal defence firm with over 20 years of experience, understands the gravity of these charges and the profound impact they can have on your life.
This page provides a comprehensive overview of aggravated sexual assault in company in NSW, Australia, along with your legal options and how LY Lawyers can fight for your rights.
What is Meant by Aggravated Sexual Assault in Company?
Aggravated sexual assault in company is a serious criminal offence under Section 61JA of the Crimes Act 1900 (NSW). It occurs when a person has sexual intercourse with another person without their consent, and the act is aggravated by certain circumstances when another person (or persons) are present. These aggravating circumstances can include:
- Actual bodily harm: The complainant suffers physical injury during the assault.
- Threats of violence: The accused uses threats of violence with an offensive weapon or instrument to coerce the complainant into sexual intercourse.
- Deprivation of liberty: The complainant’s freedom of movement is restricted before, during, or after the assault.
The seriousness of Aggravated Sexual Assault in Company
Aggravated sexual assault in company is one of the most serious sexual assault offences in NSW. It carries a maximum penalty of life imprisonment and a standard non-parole period of 15 years. A conviction can also have significant collateral consequences, including registration on the NSW Sex Offenders Register, impacting employment opportunities and travel restrictions.
What does the prosecution set out to prove in Aggravated Sexual Assault in Company cases?
The prosecution must prove all the following elements beyond a reasonable doubt to secure a conviction for aggravated sexual assault in company in Australia:
- Sexual intercourse: Penetration must have occurred, even if it was slight or momentary.
- Lack of consent: The complainant did not consent to the sexual intercourse.
- Knowledge of non-consent: The accused knew the complainant did not consent.
- Presence of another person: One or more other people were present during the sexual intercourse.
- Aggravating circumstances: One or more of the aggravating circumstances listed above were present (actual bodily harm, threats of violence, or deprivation of liberty).
What are the different types of aggravated sexual assault in company cases?
Aggravated sexual assault in company can occur in a variety of situations and circumstances:
- Gang rape: Multiple offenders engage in sexual intercourse with a complainant who does not consent.
- Sexual assault with threats or violence: The accused uses threats of violence or a weapon to coerce the complainant into sexual intercourse while another person is present.
- Sexual assault with restraint: The complainant is restrained or prevented from leaving the situation while another person witnesses the assault.
What are the various penalties associated with aggravated sexual assault in company offences in Sydney, NSW, Australia?
A conviction for aggravated sexual assault in company carries a wide range of potential penalties, including:
- Imprisonment: A prison sentence, with the sentence determined by the severity of the offence and the offender’s criminal history.
- Fines: While uncommon in these cases, a fine may be imposed in addition to or instead of a custodial sentence.
- Community Service Orders (CSO): CSOs are unlikely for aggravated sexual assault in company due to the seriousness of the offence. However, the court may order the offender to complete unpaid community service work.
- Intensive Correction Orders (ICO): Intensive correction orders involving home detention with electronic monitoring may be considered in exceptional circumstances.
- Sex Offender Registry: Registration on the NSW Sex Offenders Register is a mandatory consequence of a conviction for aggravated sexual assault in company. The registration period can vary depending on the circumstances of the offence.
- Home Detention: Home detention with electronic monitoring is a possibility in some cases, particularly for lesser charges within the aggravated sexual assault in company category.
- 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.
What are your possible defences when charged with aggravated sexual assault in company?
If you have been charged with aggravated sexual assault in company, there are several potential defences available for you to pursue, depending on the specific circumstances of your case.
Here are some possible defences to an aggravated sexual assault in company charge:
- Consent: You can argue that the complainant consented to the sexual intercourse. This is a complex defence, and the burden of proof lies with you, the accused.
- Mistake of fact: If you mistakenly believed the complainant consented to the sexual intercourse, ‘mistake of fact’ is another potential course of action.
- False allegation: You can argue that the complainant’s allegation is false and fabricated. This defence requires presenting strong evidence to cast doubt on the accusation.
- Lack of capacity: You can argue that you were intoxicated or under the influence of drugs to the point where you lacked the capacity to form the necessary intent for the offence.
- Duress: You can argue that you were forced to participate in the sexual act due to threats or violence from another person.
It is crucial to remember that these are just some potential defences, and the viability of each defence will depend on the specifics of your case. Consulting with your experienced criminal lawyer in Sydney is essential to determine the most suitable defence strategy for your situation.
Your Options in Court When Faced with Aggravated Sexual Assault in Company
When facing an aggravated sexual assault in company charge, you have several options in court:
- Plead guilty: Pleading guilty at the earliest opportunity may demonstrate remorse and potentially lead to a more lenient sentence. However, this should only be considered after a thorough discussion with your lawyer and a clear understanding of the potential consequences that follow.
- Plead not guilty: If you believe you are innocent or have a strong defence, pleading not guilty will take the case to trial. Your lawyer will represent you in court and present your defence arguments.
- Negotiate: In some cases, it may be possible to negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser charge in exchange for a reduced sentence.
LY Lawyers: Your Trusted Defence Partner
Facing an allegation of aggravated sexual assault in company is a frightening and stressful experience. At LY Lawyers, we understand the gravity of the situation and the potential consequences you face.
Our team of highly experienced and aggressive criminal defence lawyers will work tirelessly to protect your rights and achieve the best possible outcome in your case.
We will:
- Conduct a thorough investigation: We will meticulously analyse the evidence and gather any information that supports your defence.
- Develop a strong defence strategy: We will work closely with you to develop a tailored defence strategy that addresses the specific facts of your case.
- Provide aggressive representation in court: Our experienced lawyers will represent you confidently and effectively in court, fighting for your rights and presenting your case persuasively.
We understand the importance of acting swiftly and decisively. Contact LY Lawyers today for a free consultation to discuss your case. We are available 24/7 and have multiple offices conveniently located across Sydney (CBD, Parramatta, Liverpool, Wollongong, and Gosford).
Don’t face this alone. Let LY Lawyers fight for you.
