Section 61I of the Crimes Act 1900 (NSW) makes it an offence to commit an act of sexual assault. The maximum penalty for this offence is 14 years imprisonment.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You had sexual intercourse with another person;
- The other person did not consent to the sexual intercourse;
- You were aware that there was no consent by the other person or you did not give regard to whether consent was given or not;
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
- Consent by the victim
- Duress
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