Aggravated Sexual Assault in Company


Aggravated sexual assault in company is an offence under Section 61 Capital J Capital A of the New South Wales Crimes Act. It’s the most serious type of sexual assault charge and it carries a maximum penalty of life imprisonment. It also carries what’s called a standard non-parole period. That’s 15 years. This means that 15 years is the reference point when the sentencing judge is deciding how much time to give a person in prison. For a person to be found guilty of the charge the prosecution must prove three things beyond reasonable doubt. The first is that there was a sexual assault. That means that you had sexual intercourse with another person without the consent of that other person. Now the meaning of sexual intercourse and the meaning of consent are contained in videos that we have on this YouTube page. Now the second thing that they must prove is that you are in the company of another person or persons, and this means that at least one other person was physically present at the time of the offence, that you and that person shared a common purpose to commit the offence. So it’s not enough that the other person just assisted in the planning or acted as a lookout, they must have been there and they must have shared a common purpose to commit the actual offence. The third thing is that one of the following circumstances of aggravation existed, they are A, that you intentionally or recklessly inflicted actual bodily harm on the alleged victim or someone else present, or B, that you threatened to inflict actual bodily harm with an offensive weapon or instrument, or C, that you deprive the alleged victim of their liberty before or after the commission of the offence. You are not guilty of the offence if there was no sexual intercourse, or there was consent, or you believe that consent was given, or if the act was for a proper medical purpose. Less common defences including self-defence, necessity, and duress. You are also not guilty if the prosecution fails to prove beyond reasonable doubt the requirement of being in company, that is with at least one other person, or at least one of the aggravating circumstances. However in that case you may still be found guilty of sexual assault or even aggravated sexual assault instead. If you are guilty of the offence the sentencing statistics suggest that you’ll be going to prison. The average prison sentence imposed was twelve and a half years full term. That’s the total prison sentence. However a non-parole period is also imposed and that’s the time that you must spend in prison after which you can apply to get out of prison. The non-parole period varys significantly depending on the particular aggravating circumstance involved. The non-parole period was four and a half years where there were threats of actual bodily harm with a weapon, it was five years where there was inflicting actual bodily harm, and was eight is where the deprivation of liberty was involved.

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