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If you have been charged with indecent assault offences in Sydney NSW, Australia, it is absolutely vital for you to have a strong criminal defence lawyer by your side – fighting for your legal rights.

LY Lawyers is here to provide you with an unparalleled defence and guide you through the overwhelming legal process in Australia.

On this page, we will talk you through what indecent assault offences entail, the prosecution’s burden of proof, the different types of indecent assault charges (and their associated penalties), your possible defences, and your options in court.

We understand that being accused of indecent assault can be a traumatic experience, turning your life upside down; but the team at LY Lawyers is here to support you through this difficult time.


What is meant by Indecent Assault Offences?

So, what is indecent assault in Australia? Indecent assault offences refer to a range of criminal acts involving non-consensual, unwanted sexual contact or advances.

These offences are taken incredibly seriously in Sydney NSW, Australia, and can have severe consequences.

Indecent assault can occur in a variety of settings, such as private residences, public spaces, or workplaces.

It is important to note that consent is a crucial element in determining whether or not an act constitutes indecent assault.

  1. (See Indecent assault as outlined by the Judicial Commission of NSW).
  2. (See SECT 61L Indecent assault – CRIMES ACT 1900)

 

What does the prosecution set out to prove in indecent assault offence cases?

When prosecuting indecent assault offences, the prosecution must establish certain elements beyond a reasonable doubt. They will aim to prove:

  • The accused intentionally touched the victim.
  • The touching was non-consensual.
  • The touching was of a sexual nature or with a sexual purpose.
  • The accused knew or was reckless as to whether the victim was not consenting.

What are the different types of indecent assault offences?

Here are some examples of indecent assault:

  • Indecent Assault: Involves the intentional touching of another person without their consent for sexual gratification, arousal, or humiliation.
  • Aggravated Indecent Assault: Involves indecent assault with aggravating factors, such as the use of a weapon, causing actual bodily harm, or committing the offence in the company of another person.
  • Indecent Assault on a Person with a Cognitive Impairment: Involves indecently assaulting a person who has a cognitive impairment that renders them incapable of giving informed consent.
  • Indecent Assault on a Person under 16 years: Involves indecently assaulting a person under the age of 16 years.
  • Indecent Assault on a Person under Authority: Involves indecently assaulting a person who is under the authority of the accused, such as an employee, student, or patient.

What are the various penalties associated with indecent assault offences in Sydney, NSW, Australia?

The penalties for indecent assault offences vary significantly depending on the specific charge and circumstances. The court will consider a wide variety of factors, including as the seriousness of the offence itself, the physical and psychological impact on the victim, the accused’s criminal history, and any mitigating or aggravating factors. The potential penalties may include:

  • Imprisonment: Depending on the severity of the offence, prison sentences can range from several months to many years in prison.
  • Fines: The court may impose substantial financial fines as a penalty for indecent assault offences. The total amount varies based on the circumstances.
  • Community Service Orders: In some cases, the court may order the accused to perform community service as an alternative to imprisonment.
  • Intensive Correction Orders: Intensive correction orders involve strict supervision and conditions, allowing the offender to serve their sentence in the community.
  • Sex Offender Registry: If successfully convicted of certain indecent assault offences, the offender will likely be required to register on the sex offender registry.
  • Home Detention: Home Detention involves serving a custodial sentence within the confines of one’s own home under strict supervision.
  • 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 indecent assault in Australia, there are several possible defences available, including:

  • Consent: Demonstrating that the alleged contact was indeed consensual and that both parties willingly engaged in the activity.
  • Identification Issues: Challenging the accuracy or reliability of the identification made by the victim or witnesses.
  • False Allegations: Providing evidence or circumstances that suggest the allegations were fabricated or motivated by ulterior motives / providing a genuine and verifiable alibi.
  • Honest and Reasonable Mistake: Showing that the accused had an honest and reasonable belief that the victim was indeed consenting to the act.
  • Lack of Intent: Establishing that there was no intention to commit indecent assault or that the act was accidental.

What are your options in court when faced with indecent assault charges?

When you are faced with indecent assault in Australia, you have several options to choose from in court:

  • Pleading Not Guilty: You can maintain your innocence and proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt. If you have sufficient evidence to the contrary, this can be a viable approach.
  • Negotiating a Plea Bargain: In some cases, it may be possible to negotiate with the prosecution to reduce the charges or secure a more lenient sentence – particularly if you admit to the allegations and show genuine remorse.
  • Seeking Diversion Programs: Depending on the circumstances, you may be eligible to appeal for diversion programs focused on rehabilitation as opposed to punishment.

Frequently asked questions

At LY Lawyers, we are dedicated to delivering exceptional legal aid and striving for the best possible results for all our clients. Here’s why you should consider choosing us to assist you in battling your indecent assault offence charges:

  1. Extensive Expertise: With a wealth of experience spanning over two decades, our criminal lawyers in Sydney have a deep and comprehensive understanding of indecent assault offences and the legal framework in Sydney, New South Wales, Australia.
  2. Aggressive Defence: Our reputation is built upon our assertive and proactive approach to defending our clients’ human and legal rights. We leave no stone unturned in building a robust defence strategy and will do the very same for your case.
  3. Sterling Reputation: LY Lawyers has built up a solid reputation over the years, due to our commitment to providing a solid legal defence for all our clients. Our track record of accomplishments speaks volumes about our commitment to excellence in the legal realm.
  4. Court Advocacy: Our people are highly skilled criminal defence lawyers who have extensive experience representing clients in courts throughout New South Wales and interstate.
  5. Wide Jurisdictional Experience: We have successfully represented our clients in jurisdictions all over Australia, including New South Wales, Victoria, Western Australia, The Northern Territory, and Queensland. Our experience within these different legal contexts has given us valuable insights and strategies to help us navigate your case as efficiently as possible.
  6. Comprehensive Legal Services: As specialists in criminal defence and indecent assault cases, we 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 criminal defence lawyers is to offer personalised care and attention to each client. We understand that every single case is unique and as such, we tailor our approach to align with your specific needs and circumstances – all the while treating you with the dignity that you deserve.
  8. Client-Focused Approach: Your best interests are our number one priority. We will vigorously advocate for your human and legal rights, whether by securing a not-guilty verdict or negotiating a more lenient sentence.

By choosing LY Lawyers, you are putting your faith in a reputable criminal defence team that combines extensive experience, proactive advocacy, and a client-centred approach. In other word, you will receive unparalleled representation in your indecent assault case.

Indecent assault refers to any non-consensual sexual contact or advances, involving unwanted touching of a sexual nature.

If you find yourself facing serious allegations of indecent assault offences, the first step is to secure competent legal representation immediately. Here are some tips for navigating this difficult time:

  1. Remain Calm: While it’s perfectly natural to feel fear and overwhelm when faced with such serious charged, it’s important for you to try and remain calm so you can make informed decisions. If you panic and act impulsively, it can potentially harm your case, so we strongly advise that you cease all contact with the accuser and focus on seeking proper legal representation.
  2. Consult with a Legal Professional: Reach out to LY Lawyers at your earliest convenience 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, and we will provide you with personalised advice and guidance. We know it may be tempting to contact the accuser to resolve the matter outside of court, however, it’s important to remember that any communication can and likely will be used against you. You should only communicate with your legal representative and strictly follow their guidance.
  3. Preserve Any and All Supporting Evidence: If you possess any evidence that substantiates your innocence or contradicts the serious allegations you have been charged with, gather and preserve it to the best of your ability. This can include text messages, emails, or statements from eye-witnesses.
  4. Refrain from Making Any Statements: You should also avoid making any statements to the police or anyone else without the presence of your criminal defence lawyer. Anything you say can and will be used against you in court. Again, we understand the inherent desire to defend yourself by speaking up, but it is paramount that you remain silent until your legal representation arrives.
  5. Cooperate with Your Lawyer: You must fully cooperate with your lawyer and maintain open communication. Provide them with all the necessary information to help build a robust and aggressive defence strategy on your behalf. With our extensive experience with indecent assault in NSW, spanning over 20-years, you can absolute faith in our ability to deliver exceptional legal representation for you during this challenging time.

 Our criminal defence lawyers specialise in indecent assault cases and can provide expert legal representation, assess the evidence against you, build a strong defence strategy, and vigorously protect your rights throughout the legal process.

The consequences of an indecent assault conviction can be very severe, including imprisonment, substantial fines, registration as a sex offender, and long-term damage to your reputation and personal / professional life.

 It is possible for charges to be dropped in an indecent assault case if there is insufficient evidence, inconsistencies in the victim’s statement, or successful challenges to the prosecution’s case.

A skilled criminal defence lawyer from LY Lawyers can assess the circumstances and advise you on the best course of action.

 

This varies significantly depending on the complexity of the case, court scheduling, and negotiations with the prosecution.

We advise you to work closely with your lawyer, as they will be able provide a relatively accurate time estimate based on the specific details of your case.

If you are facing indecent assault charges in Sydney, Australia, you must have a reliable and experienced criminal defence lawyer fighting on your side!

 

LY Lawyers is dedicated to providing you with an unparalleled defence and protecting your rights throughout the complicated and overwhelming legal process.

Feeling lost and confused? Simply contact us today to book your free consultation and let’s get you the expert representation and peace of mind you need!

 

Contact us for your FREE initial consultation.

Available at our Sydney CBD, Parramatta, Liverpool, Wollongong, Newcastle or Gosford office.

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Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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