Law Information - Sexual Offences - TAS

Aggravated sexual assault

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 127A

127A. Aggravated sexual assault

(1) A person who unlawfully and indecently assaults another person by the penetration to the least degree of the vagina, genitalia or anus of that other person by –

(a) any part of the human body other than the penis; or

(b) an inanimate object –is guilty of a crime.

Charge: Aggravated sexual assault.

What the prosecution must prove - Aggravated sexual assault

(a) the accused is correctly identified as the offender

(b) the accused intnetionally committed an indecent assualt on the complainant

(c) the assault involved any part of the human body other than the penis; or an inanimate object.

(d) the complainant did not consent to the assault

(e) the accused was aware the complainant was not, might not, be consenting

The Maximum Penalty for Aggravated sexual assault is

Maximum term of imprisonment of 21 years, or fine, or by both such punishments, and shall be such as the judge of the court of trial shall think fit in the circumstances of each particular case.

Possible Defences - Aggravated sexual assault

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent
(e) Mental impairment
(f) Necessity
(g) Self-defence
(h) consent, except of a person under 17

The Court process - Aggravated sexual assault

Supreme Court