Sexual Offences
Sexual Touching
Sexual touching used to be called incident assault. Sexual touching involves the touching and/or incitement of a person to touch/assault another person in in a sexual manner.
This can include anything from an unwanted kissing of another person, to touching a person over their clothing in a sexual area i.e. vagina, penial, breast area.
What is the penalty for sexual touching?
The maximum penalty for sexual touching is five years imprisonment.
What are the possible defences to sexual touching?
It is important to remember to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Some possible defences to sexual touching are:
-
- Duress
- Necessity
- Self defence
- Consent of the other party
- That the touching was not sexual in nature
- Incidental touching
It is important to remember that you need to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Sexual Act
A sexual act was more typically known as an act of indecency.
A sexual act is anything that is done with or towards another person without consent (other than touching) that a reasonable person would consider to be sexual in nature. This can be because the act was completed for the person to obtain sexual arousal and/or involves a sexual part of the person’s body.
Common examples include masturbating towards a person.
What is the penalty for a sexual act?
The maximum penalty for sexual act is 18 months imprisonment.
What are the possible defences for the offence a sexual act?
It is important to remember to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Some possible defences to the offence of sexual act are:
- Duress
- Necessity
- Self Defence
- The act was done for medical and/or hygienic purposes
It is important to remember that you need to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Sexual Assault / Rape
A sexual assault is colloquially known as ‘rape’ and is any intercourse with another person without the consent of the other person, knowing that the other person does not consent.
The notion of consent does not have to be explicit it can be taken that a person does not consent if the other person is reckless as to consent.
It is important to understand that the notion of sexual intercourse include the insertion of any object or bodily part into the person including but not limited to oral sex.
What is the penalty for Sexual Assault?
The maximum penalty for sexual assault is 14 years imprisonment.
The maximum penalty for aggravated sexual assault is 20 years imprisonment and aggravated sexual assault in company the maximum penalty is life.
What are the possible defences to sexual assault?
It is important to remember to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Some possible defences to the offence of sexual assault are:
- Consent or a reasonable belief that consent had been given
- No sexual intercourse ever took place
It is important to remember that you need to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Catron Simmons Lawyers can assist you and ensure that your interests are represented.
Distributing/Recording An intimate Image without Consent
The prosecution must prove that the images were distributed and/or recorded intentionally AND that this action was done without consent of the victim or in a manner where a person was reckless to obtaining that consent.
What is the penalty?
The maximum penalty for Distributing or Recording an Intimate Image without consent is $11,000.00 and/or 3 years imprisonment.
What are the possible defences?
- Consent
- Genuine Medical and/or scientific purpose
- Genuine law enforcement purpose or for legal proceedings
- A reasonable person would consider the conduct of the accused person was acceptable having regard to the circumstances.
Threatening to distribute an intimate image without consent
The prosecution must prove that the person intended to cause or was reckless to the fear that these threats would cause a reasonable person if they were in fact carried out.
What is the penalty?
The maximum penalty for threatening to distributing or recording an intimate image without consent is $11,000.00 and/or 3 years imprisonment.
What are the possible defences?
- Consent
- No intention to cause fears
- A reasonable person would consider the conduct of the accused person was acceptable having regard to the circumstances.
Could an offence of this nature prevent me from getting certain jobs?
Yes, convictions especially, involving children will affect job prospects.
For instance, Point to Point Drivers such as Uber and/or Taxi Drivers are disqualified under clause 24 (1)(2) of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 to hold a taxi or hire vehicle licence.
Helpful Information
What are the alternatives to imprisonment?
You should obtain legal advice before going to court and pleading guilty to any offence. A well presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially as soon as you leave the court the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence but there is no further penalty and the matter is completely finalised once you leave the court room.
Community Release Order (CRO)
A CRO is the less serious of the bonds; they come in two forms conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not, it is a matter for the court. That being said the court can order supervision and Community Corrections can discontinue supervision if they deem appropriate. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. Additional conditions can also be imposed like any other bond that can include but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually articulated as part of the offence as a penalty unit. Generally speaking, after the court has sentenced you and given you a fine you have 28 days to pay, however, the court registry can increase this time to pay the fine and arrange payment plans. Failure to pay the fine will result in an enforcement order, this can have consequences such as suspension of your drivers licence and/or registration. Following this further orders such as a civil enforcement order, community service and/or goal may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and are used when the offence is to serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. The court can add additional orders including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence yo to two courts that the court decides can be served in the community. The ICO is the most serious of court orders that an offender can serve in the community and are not available for a number of offences involving Violence, breaches of public safety and child related matters. The court can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work, alcohol/drug restrictions, place restrictions, association orders and/or whatever the court see fits. An ICO is monitored and supervised by Probation and Parole NSW and any breaches of the order are referred to the NSW State ParolAuthority (SPA) and not the courts. Often the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
What are my options? What is a conviction?
A conviction means that the court has found you guilty and has deicide to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. This existence of a criminal record may affect future employment, travel especially to places like the United States.
If you believe you are not guilty of an offence it is important to get legal advice early as there are discounts offered by the court for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a a document that is given to you by Police when charged or alternatively a letter or document sent to the court outlining your wish to plead guilty to the charges enforce the court.
Although this can be an attractive option and the forms seem fairly straightforward and it means that that you would not have to attend court this is actually a bad idea. A written notice stops the court understanding more about you as a person, your income, responsibilities and factors that could mitigate the punishment on sentence.
On a written plea of guilty the magistrate only has the Police Fact Sheet and Criminal Record as information, and often the penalty imposed would be greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before they are tendered as this is what the court will base all their decisions on.
At Catron Simmons Lawyers, we can put forward the best case in your defence to often a fairer and more just outcome.