Aggravated Sexual Assault

Aggravated sexual assault is when the alleged conduct occurred within a situation that makes it more serious. We are here to help and will provide you with a free initial consultation to discuss your charge.

Our trusted lawyers have years of experience representing clients charged with serious offences. For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:

Will I go to jail?

The maximum penalty is 20 years imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

  1. Had sexual intercourse with another person, and
  2. The alleged victim did not consent, and
  3. You knew the alleged victim was not consenting, and
  4. The sexual intercourse occurred in circumstances of aggravation 

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

Aggravated Sexual Assault Definition

For more information on the definition of sexual intercourse, see our Sexual Assault page.

The charge is aggravated when the offence occurs in a particular context, which makes the charge more serious. Because of the aggravated circumstances, the maximum penalty increases from 14 years to 20 years.

Examples of aggravation are:

  • During the offence, you intentionally or recklessly inflicted actual bodily harm or grievous bodily harm on the victim, or threatened to inflict harm
  • Being in the company of another person, or
  • The victim was under your authority at the time of the offence, or
  • They had a serious physical disability or cognitive impairment, or
  • The victim was under the age of 16 years

Court Process

After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.

The charge will start in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

We can help 

Contact us today on 0421 700 497 for a free initial consultation. 

criminal lawyer discussing with a client about his offense

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