Sexual Assault in the Australian Capital Territory
Sexual Assault in the Australian Capital Territory
In the Australian Capital Territory, there is a range of sexual offences contained in the Crimes Act 1900. These include sexual intercourse without consent, sexual assault, act of indecency and incest. This page deals with the offence of sexual assault in the ACT.
In the ACT, a person may be charged with sexual assault in the first, second or third degree. These are offences involving assaults committed with intent to have sexual intercourse.
Sexual assault in the first degree in the ACT
Sexual assault in the first degree is contained in section 51 of the Crimes Act 1900. This offence occurs when a person inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with them or with another person who is nearby.
Sexual assault in the second degree in the ACT
Sexual assault in the second degree is contained in section 52 of the Crimes Act 1900. This offence occurs when a person inflicts bodily harm on another person with intent to have sexual intercourse with them or with another person who is nearby.
Sexual assault in the third degree in the ACT
Sexual assault in the third degree is set out in section 53 of the Crimes Act 1900. This offence occurs when a person assaults or threatens to do grievous bodily harm to a person with intent to have sexual intercourse with them or with another person who is nearby.
Penalties for sexual assault in the Australian Capital Territory
Sexual assault in the first degree carries a maximum penalty of 17 years imprisonment.
Sexual assault in the second degree carries a maximum penalty of 14 years imprisonment.
Sexual assault in the third degree carries a maximum penalty of 12 years imprisonment.
If a sexual assault offence is committed in the context of family violence or in company with another person, a longer maximum penalty applies.
Pleading guilty to sexual assault in the ACT
If you have been charged with a sexual assault offence in the Australian Capital Territory, Go To Court Lawyers will provide you with thorough, specialist advice before you decide to plead guilty. This will include analysing the allegations to determine whether the alleged offence is made out, assessing how strong the case against you is and advising you on the likely penalty range given your circumstances and criminal history.
If you decide to plead guilty, Go To Court Lawyers will prepare your plea in mitigation. This may involve acquiring character references and gathering evidence of any steps you have taken to address your offending. It may also involve obtaining medical or psychological reports.
Pleading not guilty to sexual assault in the ACT
If you have been charged with sexual assault in the Australian Capital Territory and want to fight the charge, Go To Court Lawyers will go through the prosecution brief of evidence with you, advise you on any available defences, and adduce evidence in your defence.
Defences to sexual assault in the Australian Capital Territory
A person charged with a sexual assault offence may rely on a legal defence.
These include:
- mental impairment
- The defence of immature age
- The defence of duress
A person charged with sexual assault may also rely on a factual defence such as:
- The alleged offence did not occur
- The accused is not the person who committed the alleged offence.
Applying for bail on a sexual assault charge
If you have been remanded in custody on a sexual assault charge in the Australian Capital Territory, Go To Court Lawyers can help you to apply for bail. In the ACT, decisions about bail are made under the Bail Act 1992.
An adult will be granted or refused bail based on an assessment of whether they are likely to:
- Attend court
- Commit an offence
- Interfere with evidence or obstruct the course of justice
- Endanger a person
As well as with reference to the interests of the person.
If you require legal advice or representation in any sexual assault matter, please contact Go To Court Lawyers.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
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