Criminal Lawyers for Aggravated Indecent Assault
Aggravated indecent assault is where you commit an 'act of indecency' before, during or after assaulting someone in 'circumstances of aggravation'.
An 'act of indecency' is an act that involves sexual overtones such as the touching of genitals, buttocks or breasts, or kissing or exposure of genitals.
'Circumstances of aggravation' are:
Section 61M of the NSW Crimes Act imposes a maximum penalty of 7 years imprisonment for aggravated indecent assault if it is heard in the District Court, or 2 years in the Local Court.
- where you are with another person/s,
- where the other person - called the 'complainant' - is under your authority eg a student or otherwise under your care, or
- the complainant is mentally impaired, has a serious physical disability or is under 16 years old.
The maximum penalty increases to 10 years imprisonment if the complainant was under 16 years old at the time of the incident.
Pleading Not Guilty
If you don’t agree with the allegations, it is important for your assault lawyer to fight for the case to be dropped, or alternatively, to be reduced to a less-serious charge such as ‘common assault’ or ‘indecent assault’.
This can be achieved by:
- Obtaining any statements and materials that support your case,
- Writing and advising the prosecution of inconsistencies and other weaknesses in the case against you,
- Advising the prosecution that you have a valid defence, and
- Pressing for the withdrawal of the charges or reduction to a less-serious charge.
If the prosecution refuses, your criminal lawyer should be experienced at winning aggravated indecent assault cases similar to yours.
Your lawyer can advise you if any of the following defences apply:
This is when the other person – called the ‘complainant’ - has freely and voluntarily agreed to the act.
Consent is not available in certain cases, eg if the complainant is under the age of 16 years or has a cognitive impairment.
Proper medical purpose
This is where the act was necessary to perform a recognised medical procedure.
This is when you are defending yourself, another person or property from an attacker.
This is when you are in an emergency situation and commit the alleged offence to get away.
This is when you are forced to commit the offence.
If you wish to plead guilty, any of the following penalties may apply:
This means that you are guilty but the court does not impose a criminal conviction upon you.
The court will look a range of matters when deciding whether to grant a ‘section 10’ – including the incident itself, the lead-up to the incident, your general character and your personal circumstances
This means that you will have to pay a sum of money.
You will need to pay the fine within 28 days unless you apply at the court office for extra time to pay.
Good behaviour bond
This means that you cannot commit any further offences for the duration of the bond.
The bond may have additional conditions, such as seeing a Community Corrections officer and complying with their directions.
Community service order
This means that you must undertake a specific number of hours of unpaid work over a 12 month period.
The maximum is 500 hours.
Community service orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether community service is available to you.
Intensive correction order
This means that you come under the supervision of the Department of Corrections and are required to undertake 32 hours of community service work per month.
You may also be required to undertake rehabilitation programs, attend conferences and be subjected to urinalysis and monitoring.
Intensive correction orders can last up to 2 years.
Intensive correction orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether an intensive correction order is available to you.
This means that you must generally stay at home for the duration of your sentence, subject to exclusions such as approved work or attending medical appointments or counselling.
Home detention orders can last up to 18 months.
Home detention orders are not available to all defendants or for all ‘sex offences’.
Your lawyer will be able to advise whether home detention is available to you.
This is when you are sentenced to a period of imprisonment, but are not actually sent to prison as long you comply with any conditions and do not commit any further offences.
Suspended sentences can last up to 2 years.
Full time prison
This is when you are sent to gaol.
Full time imprisonment can only be imposed if no other alternative is appropriate in the circumstances.
Call our experienced criminal lawyers today for a free first appointment where we can discuss your case of aggravated indecent assault and advise you of the best way forward.
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