Sexual assault occurs when a person is forced or coerced into sexual acts without their consent. This also includes situations where a child or young person under 18 is exposed to sexual activity.

In NSW:
- Sexual assault carries a maximum penalty of 14 years imprisonment.
- Aggravated sexual assault carries a maximum of 20 years imprisonment.
- Aggravated sexual assault with company (where someone else is present) carries a maximum sentence of life imprisonment.

What the Prosecution Must Prove
To secure a sexual assault conviction, the prosecution must prove each of the following beyond a reasonable doubt:
1. The act occurred – Sexual intercourse includes not only genital penetration by body parts but also penetration with objects and oral sex.
2. Lack of consent – Consent is the free and voluntary agreement of the other party. Consent cannot be given if the victim is:
- Significantly intoxicated or under the influence of drugs
- Too young or lacks the intellectual capacity to consent
- Intimidated, coerced, or threatened
- Unlawfully detained
- Submitting due to a position of trust
- Asleep or unconscious
3. Knowledge of non-consent – The accused knew, was reckless about, or had no reasonable grounds to believe that the other person consented. The prosecution will consider the accused’s state of mind and any steps they took to verify consent.

The prosecution must also prove that the accused committed the act in question.

Penalties for Sexual Assault
Sexual assault charges are strictly indictable and are generally finalised in the District Court. Penalties vary based on the nature of the offence and circumstances, and can include:
- Section 10 dismissal – Charges are proven but dismissed, with no conviction recorded.
- Fine – Determined based on the defendant’s financial capacity.
- Community Service Order (CSO) – Includes unpaid community work or attending a course, subject to probation assessment.
- Good behaviour bond – The defendant must comply with court-specified conditions for a period of up to five years.
- Suspended sentence – A gaol sentence suspended upon entering a good behaviour bond (up to two years).
- Intensive Correction Order – Conditions may include counselling, curfews, alcohol restrictions, and community service; this replaces periodic detention.
- Gaol sentence – Full-time imprisonment in a correctional facility, the most serious penalty.

Getting the Right Legal Support
Our team at Executive Law Group can guide you through your options and provide tailored advice to ensure your case is handled appropriately. We focus on protecting your rights and achieving the best possible outcome for your situation.