Sexual Assault
Sexual assault offences are offences that involve an application of force in sexual circumstances without consent. A number of different charges can be laid depending on the circumstances of the allegations made. In the least serious case one may be charged with sexual exposure if there is no allegation of assault. Where the allegations involve penetration, then the far more serious charge of rape applies.
These sexual assault offence offences are treated very seriously in Victoria. Charges for sexual assault offences derive from the Crimes Act 1958.
Here are some of the main sexual assault offences in Victoria
Rape | This offence is incredibly serious and can involve substantial periods of incarceration for the most serious examples. It requires evidence of sexual penetration without consent. Defences apply where there is a dispute that the incident involving sexual penetration occurred, or where there is a dispute around whether the incident was consensual. |
Sexual Assault | Previously referred to as indecent assault, this charge is generally made in circumstances where it has been alleged there has been some degree of sexual touching without consent but where there have been no allegations of sexual penetration. It is much less serious than rape, and may not attract a term of imprisonment in all cases. |
Directed Sexual Activity | This offence is somewhat less serious than the others, but is quite psychological in nature. It involves performing a sexual act in circumstances where it is known that another person will be watching who will experiences fear or distress from seeing the activity. |
Sexual assault offences are treated very seriously in Victoria, and the penalties for these offences can include fines, Community Corrections Orders, and long terms of imprisonment. If you or someone you know is charged with a sexual assault related offence, they need legal advice immediately.
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