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Sexual offences are taken very seriously by the courts. If you have been charged with a sexual offence in NSW, Morrisons can offer expert legal advice. Our law firm has extensive experience representing clients facing sexual assault charges. We understand the complexities and sensitivities involved in these cases and work diligently to protect your rights, advocate for your in court and reduce the impact of such charges on your life.
In NSW, sexual offences include charges for sexual assault, indecent assault, historic sex offences and child sex offences. These offences all carry severe penalties, often resulting in imprisonment.
Sexual assault involves any sexual act done without consent, including penetration and oral sex. Consent must be given freely and voluntarily and cannot be assumed, especially if the person is incapacitated.
Sexual offences are complex due to the nature of the allegations and the evidence gathering process that needs to take place. For this reason, seeking expert legal advice from a sexual offence lawyer is crucial for defending against such charges.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Sexual touching
If you’ve been charged with sexual touching, it’s important to understand exactly what this offence involves. Sexual touching is when someone touches another person in a way that a reasonable person would consider sexual – without their consent and knowing that they don’t consent. This can include touching someone’s body, or parts of their body, even through clothing. It can also involve actions like kissing or rubbing against someone in an unwanted way.
In New South Wales, the penalty for sexual touching can be up to 5 years imprisonment. If there are aggravating circumstances, the penalty increases up to 7 years. These aggravating circumstances include things like if the other person is under your authority, has a physical disability, or if there’s more than one person involved. It’s important to know that sexual touching doesn’t just refer to touching genital areas. It can also include things like touching a person’s breasts or any other part of the body that is considered intimate or private.
Obscene exposure
It is illegal for someone to expose their genitalia in a public place or school. Being convicted of this offence can result in 6 months imprisonment and/or fines of up to $1,100.
People can be charged with this offence if they expose themselves in public places such as parks, trains, public buildings and in the street. However, it is important to note that Police have previously charged someone for this offence when they were in their own home but could be seen in a public area (e.g. through a window). All that needs to be proven is that the person exposed themselves within sight of a public place.
If someone can prove they did not wilfully expose themselves – meaning it was not done intentionally to achieve the result of exposing themselves in public – they may be able to defend their charge.
Sexual acts
A sexual act is a criminal offence that involves someone who, without the consent of another and while knowing that that they did not consent, intentionally:
This covers conduct of someone outside of the behaviours captured by the offence of sexual touching.
Sexual assault
Sexual assault offences are some of the most serious in NSW. The offence of sexual assault encompasses having sexual intercourse with another person without their consent and knowing they did not consent, or where a person was reckless in their consideration of whether the person consented.
This offence carries a maximum penalty of 14 years imprisonment. If there are aggravating factors present – for example, bodily harm was caused or the person was kidnapped for a period before or after the sexual assault – the maximum penalty increases to 20 years imprisonment.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The table below shows some of the common sexual offences in NSW and their maximum penalties. Most of these offences can only be finalised in the District Court. However, there are many variations to these types of offences and the maximum penalties that apply.
| Offence | Maximum penalty |
| Obscene exposure | $1,100 and 6 months imprisonment |
| Carry out sexual act without consent | $5,500 and 18 months imprisonment |
| Carry out sexual act without consent in circumstances of aggravation | 3 years imprisonment (2 years in the Local Court) |
| Sexual touching | 5 years imprisonment (2 years in the Local Court) |
| Aggravated sexual touching | 7 years imprisonment (2 years in the Local Court) |
| Sexual intercourse without consent | 14 years imprisonment |
| Aggravated sexual intercourse | 20 years imprisonment |
| Assault with intent to have sexual intercourse | 20 years imprisonment |
| Maintain unlawful sexual relationship with a child | Life imprisonment |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
When faced with a sexual offence charge, several defences may be available to you. A sexual assault lawyer can help navigate these defences or negotiate with the prosecution to possibly reduce your penalty. Common defences for sexual offence charges in NSW include:
| Consent | Demonstrating that the sexual activity was consensual. |
| Mistake of fact | Showing that the accused honestly and reasonably believed the victim consented. |
| Allegation not proven | The allegation, or critical elements of the offence, must be proven beyond reasonable doubt. |
| Alibi: | Providing evidence that the accused was not present at the date and time of the allegation. |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Sexual offences have serious legal implications so it is extremely important that you contact a lawyer right away when faced with a charge of sexual assault. Ideally, you contact a lawyer when you first become aware of any investigation and even before you have been charged.
Morrisons criminal lawyers can guide you through every aspect of your case, including what the law states, the maximum penalty you can receive, what the prosecution must prove, possible defences and the court process.
Based in Wollongong, NSW, our team of criminal law experts offers over 75 years of combined experience representing clients accused of sexual offence charges and securing the best possible outcome for their situation.
Contact us today for a free initial consultation to discuss your legal options.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Sexual assault refers to non-consensual sexual intercourse. Sexual abuse can involve an unlawful sexual relationship between an adult and a child under 16, typically involving multiple acts. Indecent assault, also called sexual touching, occurs when a person is touched sexually without their consent. Each carries different penalties, with sexual assault and sexual abuse carrying more severe penalties.
If charged, you can plead not guilty. This requires the prosecution to prove non-consensual sexual activity beyond a reasonable doubt. Alternatively, you may plead guilty, which can demonstrate remorse and potentially reduce your sentence. A lawyer can help you understand your chances and options, whether defending the charge or negotiating a lesser offence.
There are two options – pleading not guilty or guilty. Depending on the type of sexual offence, you may not need to decide this for some time. This is because more serious sexual offences go through a committal process in the local court before a decision needs to be made about pleading guilty or not guilty. For less serious sexual offences that will stay in the Local Court, a decision about pleading not guilty or guilty will need to be made more quickly.
The age of consent in NSW is 16 years of age. This means that any sexual intercourse with someone below that age can be a criminal offence. There are also some exceptions to this age, including whether one of the people is in the special care of the other – such as parents, guardians, carers and teachers. This can increase the age of consent up to 18 years of age.
Consent has a definition within the Crimes Act 1900. This definition is not straightforward and will depend on the circumstances of each case. It is important to get legal advice on the definition of consent and how it might apply to your situation.