Sexual assault and related offences
Sexual Assault: Section 61I of the Crimes Act 1900 (NSW) - includes any non-consensual sexual penetration. The maximum penalty for sexual assault is 14 years imprisonment. Proceedings that include allegations of this offence must be conducted in the District Court.
Aggravated sexual assault. Section 61J of the Crimes Act 1900 (NSW) - includes the same conduct for a sexual assault allegation, but also includes one of the following aggravating circumstances:
a) threatens or inflicts actual bodily harm before during or immediately after the offence;
b) is in company with another person or persons;
c) the complainant is below 16 years of age;
d) the complainant has a serious physical disability;
e) the complainant has a cognitive impairment; or
f) the accused deprives the complainant of their liberty before or after the offence.
Sexual Touching: Section 61KC of the Crimes Act 1900 (NSW) - This offence involves non-consensual touching of a sexual nature, with penalties up to 5 years imprisonment.
Aggravated Sexual Touching: Section 61KD of the Crimes Act 1900 (NSW)- This offence involves non-consensual touching of a sexual nature under aggravating circumstances, with penalties up to 7 years imprisonment. The circumstances of aggravation are:
a) the accused is in company with another person or persons;
b) the complainant is under the authority of the accused;
c) the complainant has a serious physical disability; or
d) the complainant has a cognitive impairment;
Sexual Act: Section 61KE of the Crimes Act 1900 (NSW) - This involves non-consensual acts of a sexual nature, with penalties up to 18 months.
Child Sexual Offences: Sections 66A to 66EB of the Crimes Act 1900 (NSW) - These offences cover various offences involving minors, with severe penalties up to life imprisonment.
If the circumstances of any allegation include a domestic violence relationship, there will be a related application for an apprehended domestic violence order.