Sexual Assault Charge
Have you been charged with the criminal law offence of sexual assault? It's important to seek legal advice from an experienced lawyer as soon as possible. Learn more about this offence below.
s. 352 Sexual Assault (Criminal Code Queensland)
(1) Any person who unlawfully and indecently assaults another person, or, procures another person, without their consent, to commit an act of gross indecency or to witness an act of gross indecency by the person or any other person is guilty of a crime.
In Queensland, it is an offence to sexually assault another person. To be charged with this offence, a person must unlawfully and indecently assault another person. ‘Indecent’ means having a sexual connotation or doing an act for sexual gratification. A person may be charged with this offence if they touch another person in a way which is indecent.
For example, if a person touches another person’s buttocks, thighs, breasts or genitals without that person’s consent, they may be charged with Sexual Assault.
For example, a man who approaches a woman in a nightclub and gropes her buttocks, breasts or genitals may be charged with Sexual Assault. In essence, a person may be charged with the offence if they behave in an indecent manner towards another person.
The maximum penalty for sexual assault is 10 years’ imprisonment. There are a number of aggravating factors which may cause this penalty to be increased. If the offender’s mouth touches the complainant’s genitals or anus, the penalty increases to 14 years’ imprisonment. Further, if the offence is committed in company, whilst armed or if the vagina or anus of the complainant is penetrated, the penalty increases to life imprisonment.
In Queensland, if a person is convicted of Sexual Assault, then the court could impose one of the following penalties:
- Imprisonment (suspended, parole or actual time);
- Intensive Corrections Order;
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Are there any defences available to this charge?
Yes. The facts of your case will determine which defences will be available for you. The following defences may be available to you:
- Consent was given;
- Identity dispute;
- Honest and reasonable belief that complainant was consenting.
What should I do if the police want to speak to me about a sexual assault allegation or if I am charged with Sexual Assault?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.