Defence lawyers for Sexual Offences

Sexual assault is colloquially known as rape, and like other sexual offences, sexual assault hinges mainly on the matter of consent.

Section 61 of the Crimes Act 1900 plainly defines sexual assault as:

“Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.”

Consent is taken very seriously in determining whether a sexual assault has occurred. Section 61HI of the legislation stipulates the scenarios whereby a person is considered to consent or dissent to sexual intercourse. It is important to note that a person’s consent can be withdrawn at any time, although having been given prior. 

Section 61H of the Crimes Act 1900 states:

1. A person consents to a sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity.
2. A person may, by words or conduct, withdraw consent to a sexual activity at any time.
3. Sexual activity that occurs after consent has been withdrawn occurs without consent.
4. A person who does not offer physical or verbal resistance to a sexual activity is not, by reason only of that fact, to be taken to consent to the sexual activity.
5. A person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity.
   
   

If you are concerned about sexual assault charges, contact our sexual assault defence lawyers on (02) 8084 9929 today. 

Our experienced sexual assault lawyers will consider all the complexities involved in your matter and provide you with easy-to-understand advice about your prospects of success in defending your sexual assault charges.