Sexual assault

Sexual assault is unwanted sexual touching or other behaviour, when a person:

• unlawfully and indecently assaults another person
• procures another person, without the person’s consent, to commit an act of gross indecency or witness an act of gross indecency by the person or any other person.

Penalties

The maximum penalty is life imprisonment if:

• the accused is armed or pretends to be armed with a dangerous weapon
• the accused is in the company of another person
• there is penetration by any thing that is not a penis.

The maximum penalty is 14 years of imprisonment if the assault includes any form of contact between the genitals and mouth, and 10 years of imprisonment in all other cases.

Defences

Some defences to the charge of sexual assault include:

• The complainant consented to the touching.
• The accused honestly and reasonably believed that the complainant consented (mistake of fact). This defence is outlined on our Sex offences page.
• The touching or act was not indecent.
• The act of assault did not in fact occur.

Each case is unique and requires a tailored strategy to ensure the best possible outcome in the circumstances.

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