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Aggravated Sexual Assault

Aggravated sexual assault, requires the prosecution to prove beyond reasonable doubt that:

• A person had sexual intercourse with another person;

• That person did not consent;

• The sexual intercourse occurred in circumstances of aggravation.

The Crimes Act 1900 (NSW) defines circumstances of aggravation. These include:

• the offender inflicts or threatens to inflict actual bodily harm on the victim or any other person

• the offender is in the company of another person or persons

• the victim is under the age of 16 years

• the victim is under the authority of the alleged offender

• the victim has a serious physical disability or cognitive impairment

• the offender deprives the victim of his or her liberty for a period.

The maximum penalty is imprisonment for 20 years. The standard non-parole period is imprisonment for 10 years.