The Truth About Offence of Sexual Assault in ACT

Sexual assault is a crime that affects thousands of people across the country every year. While many people are aware of this fact, there are some who might not be aware of all the facts in regards to sexual assault or its legal implications.

The crime of sexual assault can involve multiple factors, and different types of offences can fall under this umbrella term. The truth is that it's not only limited to a physical attack but extends further than most people might think.

If you have been accused of or believe that you might be charged with a sexual assault offence in the ACT, it’s important to contact a criminal lawyer as soon as possible to know what these offences entail and how you can protect your rights moving forward.

According to Section 61HA of the Crime Act 1990, the meaning of sexual intercourse is the penetration of a person's genitalia or anus by any part of another person's body or any object controlled by another person.

It's also defined as putting any part of a person's genitalia into the mouth of another person or touching the female genitalia with the mouth or tongue, or the continuation of sexual contact.

However, penetration of the genitals or anus due to valid and legal police searches, or for legitimate medical purposes is excluded.

"Sexual assault" is often called other names like:

Sexual abuse, sexual molestation, rape, "feeling up", indecent assault, child sexual abuse, incest, child sexual assault, indecent behaviour, touching, and sexual harassment.

Sexual assault is defined as unwanted behaviour of a sexual nature that is committed against a person without their consent. It is a serious crime that can have a lasting impact on the victim.

These crimes include sexual intercourse without consent, aggravated sexual assault, and indecent assault.



There are many myths and misconceptions about sexual assault, which can make it difficult for victims to come forward and get the help they need. Here are some common myths about sexual assault:

• Sexual assault is only committed by strangers and not by a family member.
• Sexual assault is only physical violence.
• Victims of sexual assault must have been drinking or doing something to provoke the attack.
• Men cannot be raped.

These myths are harmful because they perpetuate the idea that sexual assault is not a serious problem, or that it is somehow the victim's fault. The reality is that sexual assault can happen to anyone, regardless of their gender, age, or lifestyle. It is a crime that can have a profound and lasting impact on the victim.

There are a few different types of sexual assault offences that exist under the law in the ACT. The specific type of offence will depend on the circumstances surrounding the case, these include:

Sex Assault

If anyone has sexual contact with another person without that person's permission and knows that the other person does not want the sexual act is subject to 14 years in prison.

If the accused person has sexual intercourse with another person without the agreement of the other person and in aggravating circumstances, and who knows that the other person does not consent to the sexual act, faces a 20-year prison sentence.

There are circumstances of aggravation in which the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or threatens to inflict grievous bodily harm or wounding.

The accused person also commits a serious indictable offence by breaking into any dwelling-house or other building with the intention of committing the offence.

If a person is accused of sexual assault committed while acting with another person without the consent of the other person, the penalty is life imprisonment.

The person who threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or deprives the complainant of his or her liberty, is liable to imprisonment for life.

Any person who, with the intent to have sexual contact with another person, intentionally or recklessly inflicts actual bodily harm on the other person or a third person who is present or nearby, is liable to imprisonment for 20 years.

This is a very common question among those who are accused of sexual assault and not all defences are used in all cases. While the details of your case will determine the best course of action, some of the most common defences include: 

The victim fabricated the story: While this is obviously not ideal, it’s important to remember that it’s not uncommon for people to make false accusations. 

The victim has a grudge against you: It may be that the victim has a vendetta against you and/or has an ulterior motive for reporting you. 

The victim is mistaken: This can occur in a number of ways including misidentification, miscommunication and/or incorrect assumption. 

There was a miscommunication between both parties: Sometimes people miscommunicate due to a lack of knowledge or they may be inexperienced. 

There was consent: It’s important to remember that consent must be active, mutual and voluntary.

If you’re convicted of any sexual assault offence in the ACT, you may face a jail sentence. How long your sentence is will depend on the specific offence and your criminal history. In addition to a jail sentence, a conviction for sexual assault will likely result in a criminal record that could affect your ability to find a job and travel.

A conviction for sexual assault may also lead to a lengthy sexual offender order that will follow you for the rest of your life.

Sexual assault is a very serious charge. As such, it must be dealt with in the ACT Supreme Court.

If you have been charged with sexual assault or any serious criminal offence, look no further, you’ve found your trusted advisor. Get top-quality legal advice from Andrew Byrnes Law Group. Our Canberra criminal lawyers always strive for the best possible outcomes for our clients. Book a free conference with us today to learn more.