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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.

 

Frequently Asked Questions (FAQs)

At LY Lawyers, we are wholeheartedly committed to delivering superior legal aid and striving for desirable outcomes for our clients in their aggravated indecent assault offences cases. Here’s what sets us apart from the rest:

  1. Extensive Expertise: With a significant practical spanning over two decades, our criminal lawyers in Sydney have a thorough understanding of aggravated indecent assault offences and the legal framework in Sydney, New South Wales, Australia.
  2. Aggressive Defence: Our reputation stands upon an assertive and proactive approach to defending our clients’ human and legal rights. We are thorough when building a robust defence strategy.
  3. Sterling Reputation: LY Lawyers has established solid reputation over the years, due an unparalleled commitment to providing a solid legal defence for our clients.
  4. Court Advocacy: Our people are highly skilled criminal defence lawyers who share significant experience representing clients in courts across New South Wales and interstate.
  5. Wide Jurisdictional Experience: We’ve successfully represented our clients in jurisdictions all over Australia, including New South Wales, Victoria, Western Australia, The Northern Territory, and Queensland (see testimonials). This experience within different legal contexts has given us irreplaceable insights and strategies that will help us navigate your case with the utmost efficiency.
  6. Comprehensive Legal Services: Specialising in criminal defence and aggravated indecent assault cases, we are able to handle a wide range of criminal offences, including homicide, fraud, and cybercrime, to less serious offences such as drunk driving, assaults, and cases involving Apprehended Violence Orders.
  7. Personalised Attention: Our mission as leading criminal defence lawyers in Sydney, is to offer personalised care and attention to each of our clients. We appreciated that every single case is unique – which is why we tailor our approach to align with your specific needs and circumstances.
  8. Client-Focused Approach: Your best interests are our top priority. We will effectively advocate for your legal rights, whether by securing a not-guilty verdict or negotiating a more lenient sentence.

By choosing us, you’re putting your faith in a well-reputed team of criminal defence lawyers that combine extensive experience, proactive advocacy, and a client-centred approach. In other word, you’ll receive the very best representation available in your aggravated indecent assault case.

When facing serious allegations of aggravated indecent assault offences in Sydney, the first step is to secure quality legal representation immediately. Here’s how you can successfully navigate this difficult time:

  1. Remain Calm: Yes, it’s perfectly natural to panic and feel fear and overwhelm when faced with such serious offences, however, it’s important for you to remain calm so you can make informed decisions. If you act impulsively, it can harm your case, so we advise you to cease all contact with the accuser and focus on securing proper legal representation.
  2. Consult with a Legal Professional: Contact LY Lawyers to discuss your situation with our experienced team of criminal defence lawyers. We understand the complexities and daunting nature of the legal process in Australia inside and out and we offer you personalised advice and guidance. We know it’s tempting to contact the accuser to resolve the matter outside of court, but you must understand that any communication can and likely will be used against you. You should only communicate with your legal representative and follow their professional guidance.
  3. Preserve Any and All Supporting Evidence: If you possess any evidence at all that substantiates your innocence or contradicts the serious allegations you have been charged with, gather and preserve it. This includes text messages, emails, or statements from eye-witnesses.
  4. Refrain from Making Any Statements: Furthermore, avoid making any statements to the police or anyone else without your criminal defence lawyer being present. Anything you say can and will be used against you in court.
  5. Cooperate with Your Lawyer: Fully cooperate with your lawyer and maintain open communication. Give them all the necessary information to help build a robust and aggressive defence strategy on your behalf. With our extensive experience with aggravated indecent assault in NSW, spanning over 20-years, you can rely on us to deliver exceptional legal representation for you throughout this challenging time.

Evidence can include witness testimonies, CCTV footage, medical records, and any physical evidence from the scene.

The outcome of your case and any potential criminal record can indeed impact your employment. However, the severity of the impact depends on the specific circumstances and your profession – as such, discussing this concern with your lawyer is crucial.

 Not all aggravated indecent assault offences result in registration on the sex offender registry. However, the specific circumstances of your case will determine the likelihood of this requirement.

 The length of the court case can vary significantly depending on the complexity of the case and the chosen legal path (e.g., plea bargain or full trial).

This depends on the lawyer’s experience, the complexity of the case, and the length of the proceedings. LY Lawyers offer highly competitive rates and can discuss flexible payment options with you if necessary.

    • Facing an aggravated indecent assault charge can be incredibly stressful and at LY Lawyers, we understand the seriousness of these allegations and the potential consequences you may face.Our team of highly experienced and dedicated criminal defence lawyers will fight tirelessly on your behalf to protect your human and legal rights and ultimately achieve the best possible outcome in your case.

Simply contact us today for a confidential consultation. We’ll gladly guide you through this difficult time and ensure that your voice is heard.