Aggravated Indecent Assault

Aggravated indecent assault involves non-consensual touching of another person in a way that is considered sexual, with aggravating factors such as violence, threats, or the involvement of a vulnerable victim. It is an offence under Section 61M of the Crimes Act 1900 (NSW) and carries a maximum penalty of seven years' imprisonment. If the offence involves additional aggravating factors, the penalties may be even more severe.

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

1. There was physical contact – The accused made intentional physical contact with the complainant.
2. The contact was sexual in nature – The conduct was indecent and beyond ordinary social interactions.
3. The complainant did not consent – The person subjected to the act did not agree to it.
4. The accused acted intentionally or recklessly – The accused was aware or should have been aware that their actions were non-consensual.

Aggravating factors were present – There was violence, threats, coercion, or other circumstances making the offence more serious.

If you are charged with aggravated indecent assault, possible defences include:

• Consent – If the alleged victim consented to the act, there may be grounds to dismiss the charge.
• Mistaken Identity – If there is a lack of evidence proving the accused was involved in the act.
• Lack of Intent – If the physical contact was accidental or not intended to be sexual.
• Duress or Coercion – If the accused was forced into committing the act under threats or pressure.

A skilled defence lawyer can evaluate the evidence and argue for reduced or dismissed charges.

The court may impose penalties such as:

• Section 10 Dismissal – No conviction recorded
• Fine – A financial penalty depending on the severity of the case
• Conditional Release Order (CRO) – A good behaviour bond without a conviction
• Community Correction Order (CCO) – Supervised compliance with conditions
• Intensive Correction Order (ICO) – A stricter alternative to full-time imprisonment
• Imprisonment – Up to 7 years, or longer in aggravated cases

The sentence depends on the circumstances of the case and the presence of aggravating or mitigating factors.