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Sexual assault is a crime which involves sensitive issues

Sexual assault is a crime which involves sensitive issues and facts which the victim is embarrassed to narrate or report to the authorities or even to their own family. Such crime is sometimes committed with aggravation.

In New South Wales, any sexual without consent from the other party committed with aggravating circumstances, is considered as aggravated sexual assault. The crime becomes aggravated sexual assault if any of the following circumstances is present:

  • If actual bodily harm was inflicted upon the person of the victim which is intentionally or recklessly committed by the accused
  • If the victim was threatened to be bodily harmed by the accused with the use of an offensive weapon or instrument
  • When the victim is under the authority of the accused
  • When the victim is under the age of 16 years old
  • When the victim is suffering from serious physical disability
  • When the victim is suffering from cognitive impairment
  • When the victim was detained by the accused over a period of time
  • When the accused forcible entered the dwelling or building to commit sexual assault against the victim
  • When the crime was committed by a company

The standard non parole period of ten years is imposed in cases of aggravated sexual assault committed after February 15, 2008 which increases the sentences for this offence. Prior to this, the previous form of aggravated sexual assault is that there is malicious infliction of actual bodily harm to the person of the victim. The circumstances of aggravation defined the heinousness of the crime of sexual assault.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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