Sexual Assault Offences Lawyer Melbourne

In Victoria, sexual assault is an offence under section 40 of the Crimes Act 1958. It covers any intentional non-consensual sexual act, other than sexual penetration, that is committed against a person’s will.

Examples of sexual assault include:

  • Touching a person’s genitals, anus or breasts without their consent;
  • Kissing a person without their consent;
  • Forcing a person to touch someone else’s genitals or breasts; or
  • Touching a person’s buttock.

In order for a person to be found guilty of sexual assault, the Prosecution must prove each of the following elements beyond reasonable doubt:

  • The accused intentionally touched the other person (known as the complainant);
  • The touching was sexual;
  • The person being touched did not consent to the touching; and
  • The accused did not reasonably believe that the other person consented to the touching.

Touching can be ‘sexual’ because of the area of the body that was touched, or used in the touching, or because the accused sought to be, or was sexually aroused or sexually gratified by the touching.

Consent is an important element of the crime of sexual assault. In order for consent to be valid, it must be freely given, voluntary, and ongoing. A person cannot give consent if they are asleep, unconscious, intoxicated, or otherwise unable to communicate their agreement.

It is also considered a crime to have sexual contact with someone who is under the age of consent, which is 16 years old in Victoria.

It is important to note that an accused can be found guilty of sexual assault even if the other person did not physically resist the sexual act. The lack of physical resistance does not necessarily mean that the victim consented to the sexual act.

Sexual assault is a serious crime in Victoria. The maximum penalty for sexual assault is 10 years’ imprisonment.

If you have been charged with sexual assault, it is important that you contact Elizabeth McKinnon as soon as possible to receive proper legal advice and representation. The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law, particularly an expert in sex cases.

If you have been charged with the offence of Sexual Assault, it is important that you contact Elizabeth as soon as possible to receive legal advice and representation.

The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.

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