Aggravated Sexual Assault

According to section 61J of the Crimes Act 1900:

Any 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 is liable to imprisonment for 20 years.

As outlined in section 61J(2)(d), the offence of sexual assault occurs under circumstances of aggravation where the alleged victim is under the age of 16 years.

For the purposes of the statute, sexual intercourse is taken to include penetration of the vagina or anus of a person, using a body part or an object, and also includes oral sex.

To be convicted of aggravated sexual assault, the prosecution must prove the following beyond reasonable doubt:

  • You had sexual intercourse with another person
  • That person did not consent
  • You knew that person did not consent
  • The act took place in a prescribed circumstance of aggravation

Possible ways to defend a charge of Sexual Assault include but are not limited to:

  • Denying that sexual intercourse occurred
  • Claiming there was consent
  • Claiming that there was a reasonable belief that there was consent

Possession of Child Abuse Material

According to section 91H of the Crimes Act 1900, a person who produces, disseminates or possesses child abuse material is guilty of an offence. This offence carries a maximum penalty of 10 years imprisonment.

For the purposes of the act, “disseminate” child abuse material includes:

(a) send, supply, exhibit, transmit or communicate it to another person, or
(b) make it available for access by another person, or
(c) enter into any agreement or arrangement to do so.

Possess” child abuse material includes, being in possession or control of material

Produce” child abuse material includes:

(a) film, photograph, print or otherwise make child abuse material, or
(b) alter or manipulate any image for the purpose of making child abuse material, or
(c) enter into any agreement or arrangement to do so.

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