Sexual Offence Charges
Experienced, discreet advice on penalties, consent law and the District Court process.
The Crimes Act 1900 (NSW) contains a range of sexual offences, from sexual touching and sexual act offences at the lower end through to sexual assault and its aggravated forms, each distinguished by the type of conduct alleged and the presence of aggravating circumstances such as additional violence, the involvement of more than one offender, or the vulnerability of the complainant. These charges carry some of the most serious maximum penalties in NSW criminal law and are prosecuted with significant resources, making experienced representation essential from the earliest possible stage — ideally before any police interview takes place.
Since 1 June 2022, NSW has applied an "affirmative consent" model to sexual offences. A person only consents to a sexual activity if they freely and voluntarily agree to it, and that consent can be withdrawn at any point. Critically, a belief that the other person was consenting will not be considered reasonable unless the accused said or did something, at the time, to find out whether the other person was consenting. This reform placed significant emphasis on what steps, if any, were actually taken to ascertain consent, and has materially changed how both the prosecution and the defence approach these matters.
Sexual offence investigations are typically conducted by specialist police units and involve a recorded interview with the complainant, forensic procedures where relevant, and often a lengthy investigation before charges are laid. The matters are strictly indictable, meaning more serious charges proceed through committal to the District Court, and a conviction can carry lifelong consequences, including registration and reporting obligations for offences involving a child. Given the complexity of consent-based evidence and the seriousness of what is at stake, early, specialist legal advice is critical for anyone under investigation or already charged.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Sexual touching (a lower-tier sexual offence) | 5 years imprisonment | Involves intentional sexual touching of another person without their consent, without the additional elements required for sexual assault. Can be dealt with summarily in the Local Court or on indictment depending on the circumstances and any election made. |
| Sexual assault (s61I Crimes Act 1900) | 14 years imprisonment | The core sexual assault offence, involving sexual intercourse with another person without their consent, knowing they do not consent or being reckless as to consent. Strictly indictable and dealt with in the District Court. |
| Aggravated sexual assault (s61J Crimes Act 1900) | 20 years imprisonment | Applies where aggravating circumstances are present, such as actual bodily harm being inflicted, threats with an offensive weapon, the complainant’s young age or vulnerability, or deprivation of liberty at the time of the offence. |
| Aggravated sexual assault in company (s61JA Crimes Act 1900) | Life imprisonment | The most serious tier, applying where the offence was committed by more than one offender acting together, reflecting the particular seriousness the law attaches to group offending of this kind. |
Possible Defences
Ways this charge can be challenged
Genuine and reasonable belief in consent
Since the 2022 reforms, a belief that the complainant consented will only be considered reasonable if the accused said or did something, at the time, to ascertain whether the other person was consenting. Establishing what steps were actually taken — and what was communicated between the parties — is now central to this defence.
Denial that the alleged conduct occurred
In many matters, the defence is a straightforward denial that the specific act alleged took place at all, rather than a dispute about consent. This places the reliability and consistency of the complainant’s account, and any supporting or contradicting evidence, squarely at issue.
Identification
Where the complainant and accused were not well known to each other, or the incident occurred in circumstances of poor visibility or brief contact, mistaken identification can be a genuine issue, particularly where forensic or CCTV evidence is limited.
Reliability of the complaint
Significant delay before a complaint was made, inconsistencies between different accounts given over time, or evidence that contradicts the complainant’s version of events can all be explored at trial and may raise a reasonable doubt as to whether the offence has been proven.
What Happens Next
The Local Court process
- 01
Investigations are typically conducted by specialist police units and usually involve a recorded interview with the complainant; if police request an interview with the accused, legal advice should be obtained before agreeing to participate.
- 02
Charges are laid by arrest or court attendance notice, and bail is frequently opposed for more serious sexual assault charges, many of which are treated as "show cause" offences under the Bail Act 2013.
- 03
Committal proceedings take place in the Local Court, including case management of the evidence and consideration of arrangements for the complainant’s evidence at any trial.
- 04
More serious sexual offences are strictly indictable and proceed to arraignment in the District Court, where a plea of guilty or not guilty is entered.
- 05
If a not guilty plea is entered, the matter proceeds to trial before a judge and jury, with specific evidentiary protections available for complainants, including remote witness facilities and restrictions on certain lines of cross-examination.
- 06
If convicted, or on a guilty plea, sentencing follows, with the court considering the objective seriousness of the offending, any aggravating factors, the impact on the complainant, and the accused’s record, alongside any applicable registration or reporting obligations.
Frequently Asked Questions
Common questions
Consent must now be freely and voluntarily given and can be withdrawn at any time. A belief that the other person consented will not be considered reasonable unless the accused said or did something at the time to find out whether the other person was actually consenting, rather than simply assuming consent from silence or a lack of resistance.
Many sexual assault charges are treated as show cause offences under the Bail Act 2013, meaning bail will be refused unless the accused can demonstrate why continued detention is not justified, in addition to satisfying the usual unacceptable risk test. Outcomes depend heavily on the specific charge and circumstances.
Sexual assault and its aggravated forms are strictly indictable and must proceed through committal to the District Court, though lower-level sexual touching offences can sometimes be finalised summarily in the Local Court depending on the circumstances.
Complainants in sexual offence matters are automatically entitled to a range of legal protections, including restrictions on publishing identifying information in most cases. Whether any protections apply to the accused depends on the specific facts and any suppression or non-publication orders made by the court.
A delay in making a complaint does not prevent a charge from being laid, but it can be relevant to the reliability of the evidence and is a matter that can properly be explored and tested at trial.
Depending on the offence, a conviction can result in registration under the Child Protection (Offenders Registration) Act 2000 for offences involving a child, which carries long-term reporting obligations separate from any term of imprisonment or other sentence imposed, along with significant impacts on employment and travel.
Going to court?
Speak with our team today for a free first conference and clear, fixed-fee advice on your matter.
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