Top Defence for Aggravated Sexual Assault in Company

Facing allegations or charges of Aggravated Sexual Assault in Company is an incredibly serious matter that demands immediate attention and expert legal defense. This offence carries severe consequences, and it's crucial not to underestimate its gravity. At Faraj Defence Lawyers, we have extensive experience handling cases of this nature and understand the complexities involved in building a solid defence strategy. Our team is dedicated to providing you with the support, guidance, and advocacy you need during this challenging time.

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, seek immediate legal representation with our expert sexual offence lawyers today.

When facing the weight of an aggravated sexual assault in company 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

David T

Great lawyer. Better person.Didn't do him any favours by coming to him late, yet was still ready and prepped when I needed. Transparent from start to finish and I had no doubt in his ability from the start.

Chris Gerges

It was an absolute pleasure to meet Ahmad. He is very smart and switched on and I was extremely impressed with how he addressed the Judge. I felt very safe and confident. Highly recommend and if need be, will be my go to for sure.

Chris Katelaris

I engaged Ahmads services for a criminal case. His skill and knowledge saw the charges dismissed rapidly.

Read More Reviews

Aggravated Sexual Assault in Company is a serious criminal offence prohibited under Section 61JA of the Crimes Act 1900 (NSW), 

“A 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 and, 

• who is in the company of another person or persons

Is liable to imprisonment for life 

This offence occurs when a person commits sexual assault in the company of another person or persons, and aggravating circumstances are present. These circumstances may include the use of force, threats, or coercion, or if the victim is under the age of consent or otherwise vulnerable. 

Importantly, Aggravated Sexual Assault in Company is considered a strictly indictable offense, meaning it can only be tried in higher courts and carries more severe penalties compared to summary offenses.

What is the key difference between this offence and other sexual assault offences?

The key difference between Aggravated Sexual Assault in Company and other sexual assault offences lies in the presence of aggravating circumstances and the involvement of other individuals. 

While sexual assault offences involve non-consensual sexual acts, Aggravated Sexual Assault in Company occurs when the assault takes place in the presence of one or more additional persons, and aggravating factors. These aggravating circumstances distinguish this offence from others and typically result in more severe penalties upon conviction.

What are the circumstances of aggravation?

In cases of Aggravated Sexual Assault in Company, aggravating circumstances significantly impact the severity of the offence and subsequent penalties. These circumstances include three key factors: 

• Intentionally or recklessly inflicting actual bodily harm

  In cases of Aggravated Sexual Assault in Company, aggravating circumstances significantly impact the severity of the offence and subsequent penalties. These circumstances include three key factors: 

• Making threats to use a weapon or instrument to inflict actual bodily harm

  This circumstance occurs when the offender uses threats or intimidation to coerce the victim into submission during the sexual assault. The threat of using a weapon or instrument to inflict actual bodily harm instils fear and exacerbates the trauma experienced by the victim. Even if no weapon is ultimately used, the mere threat of violence can significantly escalate the seriousness of the offence and result in harsher penalties.

• Depriving the complainant of their liberty

  This circumstance arises when the victim is unlawfully restrained or deprived of their freedom during the commission of the sexual assault. It may involve physical restraint, confinement, or coercion that prevents the victim from leaving or seeking assistance.

Each of these circumstances negatively affect the gravity of the offence and may lead to enhanced penalties upon conviction. 

To beat an Aggravated Sexual Assault in Company charge, defendants must focus on challenging the prosecution's case and ensuring that reasonable doubt exists regarding their guilt. The burden of proof rests on the prosecution to establish guilt beyond a reasonable doubt, meaning that the defence's strategy should aim to undermine the prosecution's evidence and arguments. This may involve scrutinising witness testimony, challenging the credibility of evidence, presenting alibis or alternative explanations, and highlighting any inconsistencies or gaps in the prosecution's case. By casting doubt on the prosecution's ability to prove the offence was committed, defendants can increase their chances of a favourable outcome in court. 

What must the prosecution prove for Aggravated Sexual Assault?

In order to secure a conviction for Aggravated Sexual Assault, the prosecution must satisfy several key elements, each of which plays a critical role in establishing guilt beyond a reasonable doubt. These elements serve as the foundation of the prosecution's case and must be carefully scrutinised by the defence. Here are the crucial components that the prosecution must prove:

• Sexual intercourse: The prosecution must demonstrate that sexual intercourse occurred between the accused and another person.

• Absence of consent: It must be established that the sexual intercourse took place without the consent of the other person involved.

• Knowledge of lack of consent: The prosecution must show that the accused knew the other person did not consent to the sexual activity.

• Occurrence in company: The assault must have taken place while the accused was in the presence of another person or persons.

• Presence of aggravating circumstances: Immediately before or after the commission of the offence, aggravating circumstances must have been present.

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 DOES IT MEAN BY “IN COMPANY”?

"In company" refers to the presence of another person or persons at the time of the commission of the offence. In the context of Aggravated Sexual Assault, this term indicates that the sexual assault occurred while the accused was accompanied by one or more individuals. To satisfy the "in company" element, certain conditions must be met:

• A mutual understanding or agreement among participants to commit a crime must be evident.

• Each participant must be physically close enough to support or intimidate others involved.

• The accused must either physically participate or make their presence known to the victim.

In essence, the group's influence must play a role in either emboldening the offender or intimidating the victim for the accused to be considered "in company." This concept was outlined in the case of R v Button [2002] NSWCCA 159; 54 NSWLR 455. When "in company" is considered an aggravating factor, it can result in a heavier sentence for the offender, unless it's an explicit element of the offence.

The penalties for Aggravated Sexual Assault in Company are severe and vary depending on the circumstances of the offense. If found guilty, the maximum penalty is life imprisonment, though this is typically reserved for cases of extreme severity where no other alternative is appropriate. The penalties differ based on the specific aggravating circumstances involved:

• Actual bodily harm inflicted: If the assault results in actual bodily harm to the victim, the severity of the penalty may increase. The court considers the extent of the harm inflicted and the impact on the victim's well-being.

• Use of a weapon to threaten or cause actual bodily harm: The use of a weapon or threat of violence during the assault escalates the seriousness of the offence. This aggravating factor may result in harsher penalties upon conviction.

• Deprivation of the victim's liberty: If the victim's freedom is unlawfully restricted or deprived during the assault, it exacerbates the gravity of the offence. The court takes into account the duration and extent of the deprivation when determining the appropriate penalty.

In addition to imprisonment, other penalties may be available depending on factors such as the defendant's character and prior criminal history. These may include a 

• S10(1)(A) dismissal

• Conditional release order without conviction

• Fines

• Community corrections orders, or 

• Intensive corrections orders. 

Engaging an expert criminal defence lawyer is essential to navigate the legal process effectively and increase the likelihood of a favourable outcome. An experienced lawyer can assess your case, guide available defences, and advocate on your behalf to achieve the best possible result.

​​At Faraj Defence Lawyers, we understand the gravity of facing aggravated sexual assault in company charges and the impact they can have on your life. When you turn to us for assistance, we provide expert legal guidance and support to help you navigate this challenging situation. We begin by thoroughly discussing your options for defending against the offence. In essence, you have two primary options:

• pleading guilty or 

• not pleading guilty. 

Our experienced legal team will carefully assess the details of your case, evaluate the evidence presented by the prosecution, and provide you with personalised advice on the best course of action to take.

Assisting you if you decide to plead not guilty

If you choose to plead not guilty to charges of Aggravated Sexual Assault in company, 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 in company. 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. With Faraj Defence Lawyers, you can trust that we will do everything necessary to achieve the best possible outcome following your guilty plea, ensuring that your rights are protected and that you receive fair treatment under the law.

Facing charges or accusations of a sexual offence, particularly Aggravated Sexual Assault in company, is an incredibly serious matter that demands immediate attention and expert legal representation. At Faraj Defence Lawyers, we recognise the gravity of such allegations and the profound impact they can have on your life. That's why it's crucial to seek legal assistance as soon as possible.

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 in a free initial consultation at our  Parramatta office.