Sexual assault offences (of which there are many) are covered under sections 61H-80AA of the Crimes Act 1900 NSW.

CRIMES ACT 1900 - SECT 61H

Definition of “sexual intercourse” and other terms
61H Definition of “sexual intercourse” and other terms
(1) For the purposes of this Division, "sexual intercourse" means:
(a) sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by:
(i) any part of the body of another person, or
(ii) any object manipulated by another person,
except where the penetration is carried out for proper medical purposes, or
(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or
(c) cunnilingus, or
(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).
(1A) For the purposes of this Division, a person has a "cognitive impairment" if the person has:
(a) an intellectual disability, or
(b) a developmental disorder (including an autistic spectrum disorder), or
(c) a neurological disorder, or
(d) dementia, or
(e) a severe mental illness, or
(f) a brain injury,
that results in the person requiring supervision or social habilitation in connection with daily life activities.
(2) For the purposes of this Division, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person.
(3) For the purposes of this Act, a person who incites another person to an act of indecency, as referred to in section 61N or 61O, is taken to commit an offence on the other person.

The last decade has seen a tremendous increase in penalties for such offences and has seen major newspapers conducting front page campaigns. Accepted defences have been watered down and there has been a deliberate attempt to increase conviction rates. The task of successfully defending such matters has fallen to only the most skilled practitioners - solicitors and barristers. Cross examinations particularly those conducted through CCTV facilities to protect alleged victims from giving evidence in a courtroom has the consequence of defendants no longer facing their accusers. It is a difficult task to cross examine though a tv screen. Only the best get results. The issue of consent is most in dispute and verdicts often turn on which witness a jury believes all other things being equal. Witness may embellish or lie. their maybe part truths contaminating the truth. Often skilled cross examination and preparation brings these matters tot he fore in front of a jury.

Selected cases:
Reckless indifference: Banditt v The Queen (2005) 224 CLR 262.
Intimidating victims into submission: Button and Griffen (2002) 54 NSWLR 455.
Mistake of age: CTM v Regina [2008] HCA 25

The complex case law, sensitive issues and recent legislative reforms have seen the deterioration of defences available to be offered and the greater need to retain highly skilled lawyers. Admissibility of evidence in sexual assault cases is now more important than it once was, since the greater use of scientific evidence may determine the case. What evidence the jury is allowed to see and hear may lead to acquittal or conviction. For example, the jury is not normally permitted to be introduced to the evidence of any prior sexual history of the victim. DNA evidence is used extensively and the area is plagued by inaccurate readings and contaminated samples. Call us to discuss your case or if a member of the family has been charged contact us to discuss their matter.

We have dealt with serious matters and some of our appellant clients have come to us after disastrously retaining other lawyers who have incompetently run their cases. We have acted on appeal for some of the most serious matters including those that attract media attention.

Serious but lower on the scale ar offences such as Indecent assaults, and Possessing Child Pornography: Clark v Regina [2008] NSWCCA 122. Act of indecency: Saraswati (1991) 172 CLR 1, 54 A Crim R 183.

 

 

 

Related reading

Defences | Gun Crime | Children's Crime | Tax Fraud | Property Crime | Stealing | Guideline Judgments | Parole