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This is an extremely serious offence and, pursuant to s61JA, carries a maximum term of imprisonment of life.
To prove an aggravated sexual assault in company, the prosecution must show beyond reasonable doubt that:
At the time, immediately before or immediately after the commission of the offence, the person:
Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.
A person knows that the other person does not consent to sexual intercourse if:
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You may have a defence if:
The onus is on the prosecution to prove all the elements of the offence beyond a reasonable doubt.
Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.
A person knows that the other person does not consent to sexual intercourse if:
– The person knows that the other person does not consent to the sexual intercourse;
– The person is reckless as to whether the other person consents to the sexual intercourse;
– The person has no reasonable grounds for believing that the other person consents to the sexual intercourse.
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