Aggravated Sexual Assault Charges and Penalties in Canberra

Have you been charged with aggravated sexual assault? Come to Andrew Byrnes Law Group for professional legal advice and representation. Our criminal lawyers in Canberra have the knowledge and expertise to help you achieve the best possible outcome for your sexual assault case.

In this section, circumstances of aggravation mean:

(a) If, during or immediately preceding or following the commission of the offence, the alleged offender intentionally or recklessly causes harm on the alleged victim or any other person who is present or nearby

(b) If, during or immediately preceding or following the commission of the offence, the accused person threatens to inflict actual bodily harm to the alleged victim or anyone else present or nearby using an offensive weapon or instrument

(b1) If, during or immediately preceding or following the commission of the offence, the alleged offender threatens to inflict actual bodily harm or wounding on the alleged victim or anyone else present or nearby

(c) the alleged offender is with another person or persons

(d) the alleged victim is under the age of 16 years

(e) the alleged victim is under the authority of the accused offender whether generally or during the commission of the offence

(f) the alleged victim has a serious physical disability

(g) the alleged victim has a cognitive impairment

(h) the alleged offender enters a building or any dwelling house with the intent to commit the crime or other serious indictable offence

(i) the alleged offender deprives the alleged victim of his or her liberty for a time before or after the commission of the offence

The first degree is the highest degree of a sexual assault. Under the Act, here are the following punishments.

(1) A person who inflicts actual bodily harm to another individual with the intention of having sexual intercourse with that person or with a third person who is present or nearby commits a criminal offence. Hence, he/she is guilty and punishable to an imprisonment of 17 years.

(2) However, for an aggravated sexual offence against subsection (1), the maximum penalty is an imprisonment of 21 years.

(3) If an individual, in collaboration with another, intentionally causes or inflicts actual bodily harm to a third person with the purpose of engaging in sexual intercourse with the said third person or any other individual present or nearby, they are committing a punishable offence that carries a maximum sentence of 20 years of imprisonment.

(4) However, for an aggravated sexual offence against subsection (3), the maximum penalty is an imprisonment for 25 years.

The Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001, amended the Crimes Act (1900) to make such acts of committing sexual assault on a person when they are around other people and meet the conditions for 'aggravated', be subject to life imprisonment.

Under Section 61JA of the Act, aggravated sexual assault in company subjects to life imprisonment if the person:

(a) who engages in sexual intercourse with another person without the other person's consent and who is aware that the other person does not consent to it

(b) who is with another person or persons

(c) who:

(i) deliberately inflict actual bodily harm to the alleged victim or anybody else who is present or nearby at the moment of, right before, or right after the incident, or

(ii) threatens to use an offensive weapon or instrument to cause actual bodily injury to the alleged victim or anyone else who is present or nearby at the time of, immediately before, or after the commission of the offence, or

(iii) deprives the alleged victim of his or her liberty for a time before or after the commission of the offence

Aggravated sexual assault is a serious crime that involves force or other forms of threat to commit unwanted sexual intercourse with another person without his/her consent. Particularly if the victim is under the age of 16 years or has cognitive impairment, serious physical disability, or depending on the conditions set forth under the law, aggravated sexual assault charges are liable to severe punishments.

If you were proven guilty beyond reasonable doubt by the supreme court of committing aggravated sexual assault, you could face serious repercussions. Depending on the nature of the crime and any aggravating factors involved, a conviction can result in a prison sentence.

At Andrew Byrnes Law Group, we can help fight your aggravated sexual assault charges. We are experienced sexual assault lawyers in Canberra, and we understand the life-altering consequences of this offence. Speak with one of our lawyers today so we can bring the best outcome for your case.