Sexual assault offences and Child Sexual Assault Material (CAS) are among the most serious criminal charges under New South Wales law. These matters attract severe penalties, including lengthy terms of imprisonment, mandatory registration requirements, and lifelong consequences for a person’s reputation, employment, and freedom.
Allegations of a sexual nature are complex, highly sensitive, and often rely heavily on witness evidence. Early legal advice is critical. Our lawyers are expert sexual assault lawyers are best placed to protect your rights and work towards the best possible outcome.
Sexual assault can include:
● Sexual touching
● Sexual intercourse
● Compelled sexual acts
● Sexual activity where consent is withdrawn or not freely given
To prove a charge of sexual assault, the prosecution must establish the following elements:
1. SEXUAL ACT
That a sexual act occurred, which may include sexual touching or sexual intercourse.
2. LACK OF CONSENT
That the complainant did not consent to the sexual activity. Consent must be freely and voluntarily given and can be withdrawn at any time.
3. KNOWLEDGE OR RECKLESSNESS
That the accused knew the complainant was not consenting, or was reckless as to whether consent existed.
Defences may be available depending on the circumstances, including honest and reasonable belief in consent, factual disputes, or challenges to the reliability of evidence.
Penalties for Sexual Assault can include:
● Criminal Conviction
● Imprisonment (up to 14 years for sexual assault, and higher for aggravated offences)
Sexual assault is considered aggravated where additional factors are alleged, such as:
● Actual bodily harm
● Threats or use of violence
● Deprivation of liberty
● Multiple offenders
● Offences committed in company
Aggravated sexual assault offences carry significantly higher maximum penalties and are almost always dealt with in higher courts.
Child Abuse Sexual (CAS) offences involve allegations of sexual conduct with or involving a child. These offences are treated with the utmost seriousness and carry some of the harshest penalties under NSW law.
CAS offences may include:
● Sexual touching of a child
● Sexual intercourse with a child
● Sexual acts involving a child
● Grooming or preparing a child for sexual activity
● Producing or possessing child abuse material
Consent is not a defence to CAS offences. The age of the complainant is a critical element of these charges.
To prove a CAS offence, the prosecution must establish:
1. That the complainant was a child under the relevant age
2. That a sexual act or conduct occurred
3. That the accused intentionally engaged in the conduct
These matters often involve historical allegations, forensic interviews, expert evidence, and complex legal issues.
Penalties for CAS Offences can include:
● Criminal Conviction
● Lengthy terms of imprisonment (including potential life sentences for the most serious offences)
● Mandatory registration on the Child Protection Register
