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Home Law

What Comes Under Sexual Crimes in Sydney and How to Fight the Wrong Charges?

by Anny Gibson
22/05/2021
in Law
What Comes Under Sexual Crimes in Sydney
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Reports from the BCSR (Bureau of Crime Statistics and Research) show that sex crimes in Sydney increased by up to 10% over 24 months. However, the NSW police believe that the increase in the reported crime rate is attributable to an increased willingness among victims to come forward and report the crime. Sexual crimes have severe consequences and could tamper a person’s reputation and esteem.

People charged with a sexual crime may be prohibited from entering specific public spaces, participating in specific events, or even holding specific government-issued ID cards like a passport. If you have been wrongly accused of a sexual crime in Sydney, it’s essential to contact an experienced sexual assault lawyer Sydney at the earliest.

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Sexual Crimes in Sydney

Sexual crimes include rape, molestation, child sexual abuse, production and distribution of child pornography, unauthorised sex trade, or any other form of sexual harassment or abuse. The critical determinant of a sexual crime is “consent in relation to sexual offences.”

If the court or police department has reason to believe that you performed a sexual act on another person without their “free and willing consent” or by use of force, coercion, or undue influence, you could be charged with a sexual crime. 

Sexual crimes in Sydney could fall under the category of:

  • Sexual Assault
  • Aggravated sexual assault
  • Child sexual assault
  • Observation, possession, or distribution of unauthorised pornographic content, etc.,

Each of these charges has specified legal consequences based on the number and severity of charges you are accused of.

Sexual Assault and Aggravated Sexual Assault 

Sexual assault or rape implies that you engaged in forceful sexual activity with another person without their consent. The crime falls within the periphery of the Crimes Act 1900 (NSW). Sexual assault is generally a non-bailable offence, and it would be challenging to obtain even a conditional bail for the same.

The prosecution could charge you with sexual offence charges if there is evidence to prove that:

  • The victim did not give you willing consent 
  • The victim was not in a position to give willing consent (if the victim was unconscious or not wholly conscious) 
  • You used your position of power or authority to obtain sexual favours from a person of weaker professional capacity 
  • Other similar crimes

If charged with a sexual assault crime, you can either “plead guilty” or plead “not guilty.” 

Pleading Guilty

Pleading guilty would mean you accept the sexual assault charges and plead guilty to the fact that you had sexual intercourse without the victim’s consent. If found guilty, you may face imprisonment for a maximum of 14 years, with a non-parole period of 7 years.

If you plead guilty, you will need the expert services of a sexual assault lawyer in Sydney to help negotiate more lenient terms. Stats show that over 86% of sexual assault crimes in Sydney, NSW, have resulted in full-time custodial sentences.

Not Guilty

If you were wrongly charged with a sexual crime in Sydney, your experienced sexual assault lawyer in Sydney can help you plead “not guilty.” Your lawyer may use CCTV footage or other evidence to prove your innocence. The court will also acquit you of charges if your lawyer successfully proves that:

  • You were forced to perform the act by use of physical or emotional coercion
  • You performed the sexual act for self-defence
  • There is no evidence to prove that you had intercourse with another person without their consent

A Sexual Assault Lawyer Can Help You.

Suppose you were charged with a sexual assault crime, it’s essential to work with an expert attorney to prove your innocence or obtain more lenient punishments. It takes detailed knowledge and extensive experience to handle a sexual assault lawsuit. Choose a lawyer who specialises in sexual assault lawsuits.

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