Sexual intercourse without consent
Sexual intercourse without consent
Sexual intercourse without consent is a serious criminal offence under Section 61I of the Crimes Act 1900 (NSW). It occurs when a person engages in sexual activity with another person without their consent. If found guilty of this offence, a term of imprisonment is a real possibility.
That is why at IMS Lawyers Australia, our focus is on evaluating and finding weaknesses in the prosecution case. This gives us the best possible chance of having the charges withdrawn prior to trial or achieving a not-guilty verdict at trial.
What Must the Prosecution Prove?
The prosecution must prove:
- Sexual Intercourse: The accused engaged in sexual intercourse (e.g., vaginal, oral, or anal penetration).
- Lack of Consent: The victim did not consent to the activity.
- Knowledge or Recklessness: The accused knew the victim did not consent or was reckless as to whether the victim consented
Penalties
Penalties for sexual intercourse without consent include:
• Maximum penalty: Up to 14 years imprisonment.
• If the offence is aggravated (e.g., involving violence, other people), the penalty increases to 20 years imprisonment.
Defences to Sexual Intercourse Without Consent
Defences include:
- Consent: The accused believed the victim consented to the activity.
- Mistaken Belief: The accused honestly and reasonably believed the victim consented.
- False Allegations: sexual intercourse did not occur.
Seek Legal Help
Sexual intercourse without consent is a serious charge with severe penalties. IMS Lawyers Australia can help you navigate this complex matter and provide a strong defence. Contact IMS Lawyers Australia today for confidential advice and expert representation.
