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Also known as “sexual assault” it is an offence pursuant to s61I of the Crimes Act 1900 to have sexual intercourse with a person without that person’s consent. The offence carries a maximum term of imprisonment of 14 years.
In prosecuting the offence the Crown needs to prove the following:
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 onus is on the prosecution to prove all the elements of the offence beyond reasonable doubt.
You may have a defence if:
The offence is regarded by the courts as a serious offence and upon conviction it would be very rare to receive a sentence other than full-time imprisonment. The Crimes (Sentencing Procedure) Act 1999 (NSW) prescribes a standard non-parole period of seven years.
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