Have you been charged with Aggravated Sexual Assault?

Have you been charged with Aggravated Sexual Assault? If so, you're likely feeling overwhelmed and uncertain about what steps to take next. At Faraj Defence Lawyers, we understand the gravity of this situation, and we want you to know that you're not alone. Our team is here to provide you with our undivided attention and support, guiding you through this challenging process with compassion and expertise. 

Aggravated Sexual Assault is a highly serious charge, classified as a strictly indictable offence and can be handled in the district court. The potential consequences of a conviction are severe and can have a lasting impact on your life. It's crucial to have the best possible legal representation to navigate these complex proceedings and protect your rights. Our team includes skilled lawyers, investigators, and experts who will leave no stone unturned in building your case.

Don't leave your future to chance, call us today for a free consultation at (02) 8896 6034, or by booking a free initial consultation at our  Parramatta office.

Why Choose Faraj Defence Lawyers for your Aggravated Sexual Assault Charge?

When facing the weight of an aggravated sexual assault charge, choosing the right legal representation can be the difference between a future filled with unfair consequences or one where your innocence is fiercely protected. At Faraj Defence Lawyers, we stand as your beacon of hope and unwavering support with unparalleled expertise in navigating the intricacies of sexual offences. Here's why choosing us is your best course of action:

What Clients Say?

Read what our clients have to say about us

Testimonials

Jimi Filipe

...so grateful for Ahmad he helped me out and got me out of a very sticky situation, absolute gun lawyer thank you!

Read More Reviews

What is the offence of Aggravated Sexual Assault?

The offence of Aggravated Sexual Assault is a serious crime, prohibited under Section 61J of the Crimes Act 1900 in NSW, “Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.”

Aggravated Sexual Assault occurs when a person commits sexual assault under aggravated circumstances, such as when the assault involves actual or grievous bodily harm, the use of a weapon or instrument, or is committed in company with another person. This offence is considered to be of an aggravated nature due to the additional elements or circumstances present during the commission of the assault, which heighten the severity of the offence.

How is Aggravated Sexual Assault different to Sexual Assault?

Aggravated Sexual Assault differs from Sexual Assault primarily in the presence of aggravating circumstances. While both offences involve non-consensual sexual acts, Aggravated Sexual Assault involves additional factors that aggravate the seriousness of the offence. 

What are the circumstances of aggravation?

In cases of aggravated sexual assault, circumstances of aggravation denote particular factors that heighten the severity of the offense. These aggravating circumstances encompass various elements which are listed in Section 61J of the Crimes Act 1900 (NSW), these include; 

• the defendant intentionally or recklessly inflicts or threatens actual bodily harm or grievous bodily harm on the complainant or any other person who is present or nearby, including by means of an offensive weapon or instrument,

• the defendant was in the company of another person or persons,

• the complainant is under 16 years of age,

• the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person,

• the complainant has a serious physical disability,

• the complainant is under 16 years of age,

• the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person,

• the complainant is under 16 years of age,

• the complainant has a serious physical disability,

• the complainant has a cognitive impairment, 

• the defendant deprives the complainant of their liberty for a period before or after the commission of the offence, or

• the defendant breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

How do I beat an Aggravated Sexual Assault Charge?

Defendants facing an Aggravated Sexual Assault charge have several avenues to contest the allegations. The key strategy is to ensure that the prosecution cannot prove to a standard of beyond a reasonable doubt that the offence was committed. 

As the burden of proof rests on the prosecution, our defence focuses on undermining their case by challenging the evidence presented and casting doubt on the prosecution's narrative.

What must the prosecution prove for Aggravated Sexual Assault?

For a successful conviction of Aggravated Sexual Assault, the prosecution must establish several key elements beyond a reasonable doubt. These include 

• Demonstrating that sexual intercourse took place between two individuals, with the crucial factor being that the victim did not provide consent. 

• The perpetrator was aware of the lack of consent.

• The sexual intercourse must have occurred under circumstances of aggravation, such as those outlined in the relevant legislation. 

To strengthen our defence, we scrutinise witness testimonies, examine the circumstances surrounding the alleged incident, and present evidence or arguments that refute the allegations. 

By effectively challenging the prosecution's case and raising reasonable doubt, we aim to secure a favourable outcome for our clients. we aim to gather compelling evidence that challenges each of these points, thereby safeguarding your position.

What is sexual intercourse?

Sexual intercourse refers to the physical act involving penetration of the genitals, typically the penis into the vagina, but it can also encompass other forms of penetration. Section 61HA of the Crimes Act 1900 (NSW) clearly defines Sexual intercourse as “the penetration to any extent of the genitalia or anus of a person by; (i) any part of the body of another person, (ii) or any objected manipulated by another person.”. 

What is consent?

Consent as outlined in section 61HI of the Crimes Act 1900 (NSW) defines it as, “ “consents” to a sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity.”. It refers to the voluntary agreement to engage in sexual activity, without coercion, intimidation or manipulation. 

Consent must be ongoing during the sexual encounter, meaning that consent can be revoked at any time if one party decides to withdraw their consent. Additionally individuals must have the mental capacity to give consent, meaning they must be of legal age and possess the mental competence to understand the nature of the sexual activity and its potential consequences.

What are the penalties for Aggravated Sexual Assault?

If found guilty of Aggravated Sexual Assault, the penalties can be severe. While the maximum penalty for sexual assault is 14 years of imprisonment, in cases where the offence is committed in circumstances of aggravation the maximum penalty increases to 20 years of imprisonment. 

However, it's important to note that full-time imprisonment isn't always imposed, and receiving the maximum penalty isn't guaranteed. Depending on various factors, such as the defendant's character and prior criminal record, alternative penalties may be available, including:

• S10(1)(A) dismissal

• Conditional release order without conviction

• Fines

• Community corrections orders, or 

• Intensive corrections orders. 

Engaging with an expert criminal defence lawyer is crucial to navigating these complexities and increasing the likelihood of a favourable outcome. A skilled legal representative can assess the circumstances of the case, advocate on behalf of the defendant, and explore all available options for defence and mitigation.

View our success stories

How can Faraj Defence Lawyers help?

Assisting you if you decide to plead not guilty

If you choose to plead not guilty to charges of Aggravated Sexual Assault, Faraj Defence Lawyers will support you with building a robust defense strategy. We understand the gravity of the situation and the importance of meticulously reviewing the evidence presented by the prosecution. 

Our experienced legal team will work diligently to gather additional evidence, interview witnesses, and prepare a compelling defence tailored to the specifics of your case. Throughout the legal proceedings, you can trust us to represent you vigorously in court, ensuring that your rights are protected and that your defence is presented with clarity and expertise.

Assisting you if you decide to plead guilty

If you decide to plead guilty to charges of Aggravated Sexual Assault, Faraj Defence Lawyers will guide you through the process with compassion and expertise. You can expect personalised assistance in gathering character references and drafting apology letters, which can be impactful in mitigating the consequences of your conviction. Our legal team will engage in negotiations with the prosecution on your behalf, striving to secure favourable terms following your guilty plea.

It's important to note that pleading guilty early in the legal process can lead to significant benefits, including a potential discount of up to 25% on your sentence. Therefore, we emphasise the importance of timely decision-making and strategic planning to optimise the outcome of your case. You can trust that we will do everything necessary to achieve the best possible outcome for you following your guilty plea, ensuring that your rights are protected and that you receive fair treatment under the law.

Book a free consultation with our Expert Aggravated Sexual Assault Lawyers today

With Faraj Defence Lawyers, you can trust that you'll receive expert legal advice tailored to your specific circumstances. We will meticulously review the details of your case, craft a strategic defence strategy, and work tirelessly to achieve the best possible outcome for you. 

Don't face these charges alone. Take the first step towards protecting your future, call us today for a free consultation at (02) 8896 6034, or by booking a free initial consultation at our  Parramatta office.