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SEXUAL OFFENCES

Sexual offences are a growing concern in the community and rely on the victim of the offence to make a complaint to police. In addition to complaints, the prosecution may also rely on DNA evidence, relationship evidence, circumstantial evidence, tendency and coincidence evidence, medical records, and the testimony of other corroborating witnesses. Essential to the proof of a sexual offence is a lack of consent. Where the offence is committed against a child or a person suffering from a disability, there is no need for consent to be proven or brought into question.

 

There are many sexual offences in NSW and the Commonwealth of Australia, including but not limited to:

  • Sexual assault, pursuant to section 61I of the Crimes Act 1900.

  • Aggravated sexual assault, pursuant to section 61J of the Crimes Act 1900.

  • Aggravated sexual assault in company, pursuant to section 61JA of the Crimes Act 1900.

  • Assault with intent to have sexual intercourse, pursuant to section 61K of the Crimes Act 1900.

  • Sexual touching, pursuant to section 61KC of the Crimes Act 1900.

  • Aggrvatated sexual touching, pursuant to section 61KD of the Crimes Act 1900.

  • Sexual act, pursuant to section 61KE of the Crimes Act 1900.

  • Aggravated sexual act, pursuant to section 61KF of the Crimes Act 1900.

  • Sexual intercourse with a child under the age of 10, pursuant to section 66A of the Crimes Act 1900.

  • Attempting, or assaulting with intent, to have sexual intercourse with child under 10, pursuant to section 66B of the Crimes Act 1900.

  • Sexual intercourse with a child between 10 and 16, pursuant to section 66C of the Crimes Act 1900.

  • Assault with intent to have sexual intercourse--child between 10 and 16, pursuant to section 66D of the Crimes Act 1900.

  • Sexual touching of a child under the age of 10 years, pursuant to section 66DA of the Crimes Act 1900.

  • Sexual touching of a child between 10 and 16 years, pursuant to section 66DB of the Crimes Act 1900.

  • Sexual act with a child under the age of 10 years, pursuant to section 66DC of the Crimes Act 1900.

  • Sexual act with a child between the age of 10 and 16 years, pursuant to section 66DD of the Crimes Act 1900.

  • Aggravated sexual act with a child between the age of 10 and 16 years, pursuant to section 66DE of the Crimes Act 1900.

  • Sexual act for the production of child abuse material, pursuant to section 66DF of the Crimes Act 1900. 

  • Persistent sxual abuse of a child, pursuant to section 66EA of the Crimes Act 1900.

  • Procuring or grooming child under 16 for unlawful sexual activity, pursuant to section 66EB

  • Grooming a person for unlawful sexual activity with a child under the person's authority, pursuant to section 66EC.

  • Sexual intercourse with a young person between 16 and 18 under special care, pursuant to section 73.

  • Sexual touching--young person between 16 and 18 under special care, pursuant to section 73A.

  • Incest, pursant to section 78A.

  • Bestiality, pursuant to section 79.

  • Sexual assault by forced self-manipulation, pursuant to section 80A.

  • Incitement to commit sexual offence, pursuant to section 80G.

  • Misconduct with respect to corpses, pursuant to section 81C.

  • Filming a person engaged in private act, pursuant to section 91K.

  • Filming a person's private parts, pursuant to section 91L.

  • Distribute intimate image without consent, pursuant to section 91R.

  • Bigamy, pursuant to section 92 of the Crimes Act.

 

As with any criminal offence, the prosecution must prove all the elements of the offence beyond a reasonable doubt. If you have a defence available, the prosecution must negate that defence beyond reasonable doubt if the Court is to find you guilty. If you are charged with a sexual offence please contact KF Lawyers to arrange for a consultation to discuss potential defences and range of sentences that are available in your situation.

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