Sexual assault is sexually penetrating another person without their consent. Sexual penetration is anything that involves a body part, such as a penis, finger, or tongue or an object touching a vagina, anus or mouth and includes penetration to any degree.
Maximum penalty – 14 years imprisonment and possible child protection registration.
Sexual Touching is also an offence. That is when someone deliberately touches or makes physical contact with another person in a sexual way without their consent. For example, touching a person’s breasts, bottom, or genitals, whether clothed or not.
Maximum penalty – 5 years imprisonment and possible child protection registration.
Committing a sexual act in front of another person without their consent is an offence. For example, someone exposing their genitals to another person.
Maximum penalty – 18 months imprisonment.
Changes to law concerning “consent” mean that it is it is essential that you should seek immediate legal advice.
Consent means the right to choose as to what sexual activity you freely engage in. Sexual activity includes sex, kissing or touching.
Consent means you can’t assume someone else has agreed.
Communication is everything when it comes to consent. Your partner has to do or say something to communicate their consent. Just because they haven’t said no doesn’t mean they consent. Just because someone has consented to one thing, doesn’t mean they have consented to everything. Someone can also change their mind and withdraw consent at any time.
Consent has to be free and voluntary. There are situations where people can’t consent even if they say yes because they can’t freely choose. This might happen if they are heavily affected by drugs or alcohol or asleep or under 16, the age of consent in NSW.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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