Defending your rights with dedication and expertise
If you or someone you know has been charged with a sexual assault offence in New South Wales including aggravated sexual assault, indecent assault, sexual assault, sexual touching, sexual intercourse with child, child pornography, possess child abuse material, child grooming, distribute intimate image without consent and record intimate image without consent, it’s crucial to seek legal representation.
Our lawyers understand the seriousness of these charges and have extensive experience in all aspects of sexual assault law in New South Wales. We have a thorough understanding of the legal framework governing these offences, and we will work closely with you to prepare a comprehensive defence or assist you in navigating the legal system to achieve the best outcome for your case.
We are dedicated to defending your rights and achieving the best outcome for your case. We appreciate that each person and their case is different. We take the time to understand the intricacies of your case and provide expert legal advice tailored to you and your personal circumstances.
We understand that criminal charges can happen at any time of the day or night, so we are contactable 24 hours, 7 days a week on 0413 478 367.
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Offences
Sexual Assault
It is an offence pursuant to section 61I of the Crimes Act 1900 (NSW) to have intercourse with another person without the consent of the other person and who knows that the other person does not consent.
Elements
“Sexual intercourse” is defined as penetration to any extent of the genitalia or anus of a person by any part of the body of another person or object. This includes oral sex.
Consent
A person consents to an sexual activity if that person freely and voluntarily agrees to the sexual activity.
A person may by words or conduct withdraw consent to a sexual activity at any time.
Sexual activity that occurs after consent is withdraw occurs without consent.
A person who does not offer physical or verbal resistance to a sexual activity is not taken to be consent to the sexual activity.
A person who consents to a particular sexual activity is not taken to consent to any other sexual activity.
A person who consents to a sexual activity with a person on one occasion is not to be taken to consent to a sexual activity with that person on another occasion or another person on that or another occasion.
The Crimes Act lists circumstances where an individual does not consent, such as:
- if the person does not say or do anything to communicate consent;
- if the person does not have the capacity to consent either because of their age or cognitive capacity;
- if the person is affected by alcohol or another drug as to be incapable of consenting to the sexual activity;
- if the person is unconscious or asleep;
- if the person consents because of force or fear of force or serious harm
- if the person participates in the sexual activity because of coercion
- if the person participates because they are unlawfully detained
- if the person participates because of an abuse of a relationship of authority, trust or dependance;
- if the person is mistaken about the nature of the sexual activity or purpose
- if the person participates because the person is mistaken; or
- if the person participates because they of a fraudulent inducement
Knowledge of consent
The prosecution need to prove beyond a reasonable doubt that the accused knew the person did not consent.
This can include:
The accused knew the person did not consent
Was reckless about whether the person did consent; or
Had no reasonable grounds to believe that the other person had given consent.
Possible defences:
- Consent i.e. freely and voluntarily given; or
- Mistaken belief in consent i.e. you did not know that the alleged victim was not consenting
- False accusation; and
- Mistaken identity
- Cognitive Impairment or mental illness
If you have been charged with an offence of sexual assault against another person you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
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Sexual Touching
It is an offence pursuant to section 61KC of the Crimes Act 1900 (NSW) to have sexually touch with another person without the consent of the other person and who knows that the other person does not consent.
The offence of sexual touching attracts a maximum of 5 years imprisonment and a maximum of 7 years imprisonment where the offence is aggravated.
In order to be found guilty of an offence of sexual touching, the prosecution must prove the following elements beyond a reasonable doubt:
- That you sexually touched another person;
- Intentionally;
- Without the consent of that other person; and
- Knowing that other person does not consent.
If you have been charged with an offence of sexual touching against another person you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Sexual Act
It is an offence pursuant to section 61KE of the Crimes Act 1900 (NSW) to carry out a sexual act against another person without the consent of the other person and who knows that the other person does not consent.
The offence of carrying out a sexual act attracts a maximum of 18 months imprisonment.
In order to be found guilty of an offence of carrying out a sexual act against another person, the prosecution must prove the following elements beyond a reasonable doubt:
- That you carried out a sexual act against another person or incites the other person to carry out a sexual act towards you or incites the other person to carry out a sexual act towards a third person ;
- Intentionally;
- Without the consent of that other person; and
- Knowing that other person does not consent.
If you have been charged with an offence of carrying out a sexual act against another person you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Possess, disseminate or produce child abuse material
It is an offence pursuant to section 91H of the Crimes Act 1900 (NSW) to produce, disseminate or possess child abuse material.
“Disseminate” is defined in the Crimes Act to include:
- to send, supply, exhibit, transmit or communicate it to another person, or
- make it available for access by another person, or
- enter into an agreement or arrangement to do so.
This offence attracts a maximum of 10 years imprisonment.
If you have been charged with an offence of the production, dissemination or possess of child abuse material, you should seek legal advice immediately. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Record or distribute intimate image without consent
It is an offence pursuant to section 91P and 91Q of the Crimes Act 1900 (NSW) to record an intimate image without consent.
The offence of recording or distribution of an intimate image without consent attracts a maximum of 3 years imprisonment.
In order to be found guilty of an offence of recording an intimate image without consent, the prosecution must prove the following elements beyond a reasonable doubt:
- That you recorded or distributed an intimate image or video of another person;
- Intentionally;
- Without the consent of that other person; and
- Knowing that other person does not consent to the recording or distribution, or was reckless as to whether the other person consented to the recording or distribution of that image or video.
A person does not consent to the recording or distribution of an intimate image:
- if the person is under the age of 16 years old or does not have the capacity to consent, such as if they have a cognitive impairment, or
- if the person does not have the opportunity to consent because the person is unconscious or asleep, or
- if the person consents because of threats of force or terror, or
- if the person consents because they are unlawfully detained.
Defences
- The other person consents to the recording or distribution of the video or image;
- You weren’t the person who recorded or distributed the image or video; or
- The recording or distribution was by accident.
If you have been charged with an offence of recording or distributing an intimate image or video without consent you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Threaten to record or distribute intimate image
It is an offence pursuant to section 91R of the Crimes Act 1900 (NSW) to threaten to record or distribute an intimate image without the consent of the other person.
The offence of threaten to record or distribute an intimate image without consent attracts a maximum of 3 years imprisonment.
In order to be found guilty of an offence threatening to record or distribute an intimate image without consent, the prosecution must prove the following elements beyond a reasonable doubt:
- That you threatened to record or distribute an intimate image or video of another person;
- Without the consent of that other person; and
- The threat was made with the intention to cause the other person to fear that the threat will be carried out.
A threat may be made by any conduct, and may be explicit or implied and conditional or unconditional.
It also does not matter whether or not the intimate image or video exists at the time of the threat.
If you have been charged with an offence threatening to record or distributing an intimate image or video without consent, you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Case Studies
Our client was charged with sexual intercourse without consent.The prosecution alleged that our client had sexual intercourse with the complainant without her consent.
Anna Tang, our principal made a bail application before a Magistrate at Parramatta Local Court where she scrutinised the prosecution case including the days of delay in the alleged victim attending the police station to make a complaint, the consensual acts the alleged victim participated in leading up to the alleged non consensual sexual intercourse, why the complainant hadn’t left our bedroom but rather stayed the night and the contents of a recorded telephone conversation between our client and the complainant which the prosecution relied upon as an admission to the act.
The Magistrate agreed that the prosecution case against our client was a weak one and conditional bail was granted.
Our client was charged with sexual touching of his step daughter who was 7 years old at the time of the offences.
The prosecution alleged that our client sexual touched his step-daughter in the early hours of the morning when he thought she was asleep. The prosecution case consisted of evidence of complaints to her school counsellor and her school principal as well as evidence from her mother and brother who were at home at the time of the alleged incident.
His matter proceeded to a trial at Campbelltown District Court before a jury. Stephen Dayeian, Barrister was briefed in the trial.
After lengthy cross-examination of the complainant and the witnesses, it was established that she was not a credible or reliable witness.
The jury deliberated for 3 days and ultimately, found our client not guilty.
Our client was charged with aggravated sexual intercourse without consent.The prosecution alleged that our client had broken into the alleged complainant’s home and sexually assaulted her without her consent.
We worked closely with the client’s family to prepare material for tender in the bail application including an affidavit from his partner.
Anna Tang, our principal made a bail application before the Supreme Court of New South Wales where she scrutinised the prosecution case including evidence of other witnesses present at the home at the time, the substantial delay in the matter proceeding to trial and highlighted the fact that the client had strong community ties.
The Judge agreed with our submissions and strict conditional bail was granted.
Why Choose Tang Criminal Lawyers
Dedication
We apply ourselves diligently to each and every case, there is no case too small or too big for us to defend.
Trust
We are known for our highly skilled knowledge and expertise in criminal and traffic law.
Results
We are expert criminal defence lawyers and you can count on us to always deliver.
Care
We exercise care and diligence over each and every case and we will stop at nothing to achieve the best outcome for you.
We’re dedicated to achieving the best results possible.
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