If you have had sexual intercourse with another person, knowing that they were not consenting but continued anyway, then you may be charged with sexual assault. An example of this can be where you wanted to have sexual intercourse with someone and they said no, but you went ahead and had sexual intercourse knowing that they did not consent.
Section 61I of the Crimes Act 1900 states that 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.

In order to be found guilty of sexual assault, the prosecution must prove beyond reasonable doubt that:

• You had sexual intercourse with another person;
• The other person did not consent to the sexual intercourse
• You knew or had knowledge the other person did not consent to the sexual intercourse or were reckless to that fact that the other person did not consent to the sexual intercourse

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the sexual assault charge, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. If you decide to plead guilty then it is worthwhile asking your lawyer to try and negotiate the charge to a less serious charge and also try to negotiate on the facts.
Before the judge sentences you, they will read the police facts, therefore it is always best to try and negotiate these facts with police beforehand. It is also important for your lawyer to have a psychologist write a report on the state of your mental health if it is applicable. This will allow the judge to take your mental health in to consideration when sentencing you.

The offence of Sexual Assault carries a maximum penalty of 14 years imprisonment in the District Court. Sexual Assault is considered an extremely serious offence, call our team today to help you with this charge. We advise that you contact one of our lawyers immediately if you are charged with this offence so that they can help you with your matter at the earliest possible stages as this is crucial point in guilty pleas.

Pleading Not Guilty

If you disagree with the sexual assault charge, then it is best you enter a plea of not guilty.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you had sexual intercourse with the person (complainant) at the time and place alleged, the other person did not consent to the sex, that you knew the other person was not consenting, or you were reckless as to consent. If the prosecution fails to prove these elements, then you will be found not guilty.

If you were reckless as to consent: for example, you knew or the complainant made it known to you that there was a possibility that the complainant did not give consent, but you continued anyway, or if you did not care about whether consent was given or not then you may still be found guilty.