What is sexual assault?

Sexual assault is where a person has sexual intercourse with another person without consent; knowing that the other person does not consent to the sexual intercourse.

What is Aggravated Sexual Assault? – s 61Jof the Crimes Act 1900

Aggravated sexual assault is a sexual assault offence (as described above) under circumstances of aggravation.

What are “circumstances of aggravation”? – s 61J(2) of the Crimes Act 1900

  1. the accused intentionally or recklessly inflicts actual bodily harm on the alleged victim or another person; or
  2. The accused threatens to inflict actual bodily harm by means of an offensive weapon or instrument; or
  3. the accused in the company of another person; or
  4. the alleged victim is under the age of 16 years, or
  5. the alleged victim has a serious physical disability; or
  6. the alleged victim is under the authority of the accused; or
  7. the alleged victim has a cognitive impairment; or
  8. the alleged offender breaks and enters into any dwelling-house; or other building with the intention of committing the offence or any serious indictable offence; or
  9. deprivation the alleged victim’s liberty occurs before or after the commission of the offence.

The aggravating factors under s 61J(2) are not all of equal seriousness: Thorne v R [2007] NSWCCA 10 at [82].

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