Facing a sexual assault allegation or charge?
A sexual assault allegation can affect every part of your life before the case has even reached court. Police may want an interview, bail conditions may limit contact, and the allegation itself can carry serious personal and professional consequences. Early legal advice is important so that you understand the process before making decisions that cannot easily be undone.
How we can help you
We can advise before any police interview, review the complainant’s account and the surrounding communications, identify the real issues in dispute and prepare the case carefully. These matters often turn on detail and context, so we focus on the evidence rather than assumptions.
Before a police interview or court date
If police want to interview you about a sexual offence allegation, obtain legal advice before deciding whether to participate. The timing, wording and context of any account can become important evidence.
Preserve complete message threads, call records, photographs and other material relevant to the relationship or events alleged. Keep your Court Attendance Notice, bail papers and police correspondence.
What offences may be charged
The precise offence depends on what police allege. The main offences dealt with on this page are sexual assault under section 61I, aggravated sexual assault under section 61J and aggravated sexual assault in company under section 61JA. An aggravated charge requires the prosecution to prove the additional circumstance or circumstances alleged, not only the underlying sexual activity.
What the prosecution must prove
For sexual assault under section 61I, the prosecution must prove sexual intercourse, the absence of consent and knowledge of that absence. For alleged conduct on or after 1 June 2022, consent means free and voluntary agreement communicated through words or conduct. A belief in consent may be unreasonable if the accused did not say or do anything to find out whether the other person consented. Earlier alleged conduct may be governed by the former law.
How the charge may be challenged
A charge may be challenged by disputing whether the alleged sexual activity occurred, whether consent was absent, whether the prosecution can prove the required knowledge, or whether identification or other evidence is reliable. The issues depend on the exact charge and the evidence.
Complete message threads, timing, witness accounts, CCTV, location data and forensic material can be important. Context matters, and isolated extracts should not be treated as the whole case.
What happens next
The immediate next step may be a police interview, a bail application or a first court date. More serious charges generally begin in the Local Court before proceeding to a higher court for trial or sentence. We can explain the stage you are at and what preparation is required.
If the charge is defended, preparation may include obtaining digital, forensic or witness evidence and testing the prosecution case. If a guilty plea is being considered, the agreed facts and sentencing material should be prepared carefully.
If the matter proceeds to sentence
Sexual assault under section 61I carries a maximum penalty of 14 years' imprisonment. Aggravated sexual assault under section 61J carries a maximum of 20 years, while aggravated sexual assault in company under section 61JA carries a maximum of life imprisonment. The actual sentence depends on the charge, facts and applicable sentencing principles.
Preparing to speak with a lawyer
These cases can turn on evidence that is easy to lose with time — messages, call records, photographs, location data, CCTV or witnesses who can provide context. The earlier we understand the precise allegation, the sooner we can identify what evidence should be preserved or obtained and whether the prosecution case should be challenged.
Have your Court Attendance Notice, bail papers and police correspondence available. Tell us whether police have asked you to attend an interview and whether any contact or location restrictions currently apply.
Preserve complete message threads, call records, photographs, location data and other potentially relevant material. Do not edit, delete or selectively screenshot communications that may need to be considered in context.
You do not need to send detailed or sensitive material before the first discussion. Ask us how to provide documents and electronic evidence securely.
Sources
Crimes Act 1900 (NSW) — Part 3, Division 10, including sections 61H, 61HA, 61HF–61HK and 61I–61JA.
Judicial Commission of NSW — Sexual intercourse without consent: offences committed on or after 1 June 2022.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
