One Mistake Could Ruin Your Study Abroad Journey

International Students Must Take Sexual Assault Cases Seriously

You may feel that issues of sexual assault are distant from your own life. However, we have witnessed many cases involving international students who, in moments of poor judgment, under the influence of alcohol or drugs, or even during intimate interactions with a partner, have found themselves charged with sexual assault by the police.

In Australia, sexual assault is regarded as one of the most serious criminal offences. A conviction carries severe consequences, including the possibility of lengthy imprisonment. For international students, the implications extend further — a charge or conviction can result in the immediate cancellation of your student visa and potential deportation, abruptly ending your academic and professional journey in Australia.

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Sexual Offences in NSW

I. Consent and Knowledge

NSW defines consent as a free and voluntary agreement to sexual activity at the time it occurs, with the ability to withdraw consent at any point. The legislation also specifies circumstances in which there is no consent and how an accused’s “knowledge” about consent is assessed, including recklessness and the absence of any reasonable grounds to believe consent existed.

II. Sexual Assault

Sexual assault is charged where a person has sexual intercourse with another without that person’s consent and knows the other does not consent. The maximum penalty is 14 years’ imprisonment, reflecting the seriousness with which NSW courts treat non-consensual intercourse. The offence focuses on the communicative model of consent and does not require proof of additional violence beyond the sexual act itself.

III. Aggravated Sexual Assault

The offence covers sexual intercourse without consent committed in specified aggravating circumstances, such as the complainant being under the authority of the accused, having a cognitive impairment, or the infliction or threatened infliction of actual or grievous bodily harm. The maximum penalty rises to 20 years.

IV. Aggravated Sexual Assault in Company

Where non-consensual intercourse occurs “in company”, and one of the additional statutory features is present, such as inflicting actual bodily harm, threatening such harm by means of a weapon, or depriving the complainant of liberty. The offence attracts a maximum penalty of life imprisonment. The provision underscores the gravity of group offending and the heightened harms such conduct poses.

V. Sexual Touching

“Sexual touching” criminalises intentional, non-consensual sexual touching or the incitement of such touching. The concept is defined broadly to include touching through clothing or with objects, assessed from the standpoint of a reasonable person. The important factor to consider is what body part was touched, whether the act sought sexual gratification, and the surrounding circumstances.

VI. Sexual Act

A “sexual act” (other than sexual touching) committed without consent, or the incitement of such an act, constitutes an offence. It captures sexual conduct short of intercourse and was introduced in 2018 to modernise the former “act of indecency” provisions. Where the conduct occurs in circumstances of aggravation, it becomes the aggravated offence, carrying heavier penalties and stricter denunciatory aims.

VII. Sexual Offences Against Children

NSW imposes especially severe penalties for sexual offending against children. Sexual intercourse with a child under 10 carries a maximum of life imprisonment, while intercourse with a child between 10 and 16 attracts lengthy terms depending on age bands and circumstances.

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Why Must It Be Taken Seriously?

• Serious criminal risk: Sexual assault is a grave criminal offence, with a maximum penalty of long-term imprisonment.
• Visa consequences: Even before the case is decided, the immigration department may cancel your student visa in advance.
• Life costs: Once you have a criminal record, it could affect your studies and future, but may also result in refusal of entry to other countries.

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What Should You Do If You Are Charged?

• Calm down immediately and do not take it lightly.
• Refuse to accept police questioning rashly; it is necessary for you to consult a lawyer first.

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For Visa Holders

In Australia, sexual assault cases are never just “small misunderstandings” that can be explained away. They concern the law, your visa, and your life. One wrong decision could end your entire study abroad journey.

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Frequently Asked Questions (FAQ)

• ‍What should I do if I am accused of sexual assault but believe it was consensual?
  Do not provide any statement to police before consulting a criminal defence lawyer. The issue of consent can be complex and requires professional legal advice to avoid self-incrimination.

• ‍Will a sexual assault charge affect my visa immediately?
  Yes. The Department of Home Affairs can suspend or cancel your student visa before the case concludes if it believes you may not meet the character test.

• ‍Can I continue studying while my case is pending?
  It depends on your visa status. If your visa remains valid, you may continue studying, but travel and course interruptions can occur depending on court proceedings.

• ‍What are the penalties if convicted?
  Depending on the charge, penalties can include imprisonment from several years to life, along with a criminal record that can impact your future education and employment.

• ‍Can the charge be withdrawn?
  Charges may be withdrawn if there is insufficient evidence or if the alleged victim’s testimony is inconsistent, but this outcome requires strong legal advocacy.

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Need Immediate Help?

If you or someone you know has been charged with a sexual offence, seek legal advice as soon as possible. Speaking to an experienced criminal defence lawyer can make a crucial difference to your case and future. Do not attempt to deal with police or immigration authorities on your own. Contact our team for confidential and professional legal assistance today.