Content Warning: The following article contains information regarding sexual assault.
Sexual assault is the legal term that encompasses a range of sexual offences committed against a person. Circumstances range from showing indecent images to another person, to kissing or touching them, in addition to penetration of another person’s body with a body part or object.
Offences often used synonymously with sexual assault include:
- Sexual abuse, rape, indecent behaviour, indecent assault, sexual molestation, incest, child sexual abuse, child sexual assault, touching and sexual harassment.
The law on this is outlined in Part 3, Division 10, 10B, 15B and 15C of the Crimes Act 1900 (NSW).
While the terminology is commonly used, the common law offence of rape was scrapped in New South Wales in 1981.
The Women’s Legal Service NSW have compiled the following table which clearly maps out the distinction between offences:
| Offence | What does it mean? | Penalty |
| Sexual Act (s 61KE) | A person shows you their penis or masturbates/touches their penis in public;
A person makes you look at porn (sexual pictures or videos) in a magazine, on a computer, phone or on television; A person sends your naked picture to other people or posts it online (sexting or cyber-bullying may fit in this category but are also a separate offence); or Any other sexual act that would make most people feel very uncomfortable. It is not necessary to show that it caused fear/distress. |
Carries up to 18-months imprisonment or a $5,500 fine, or both |
| Sexual touching (section 61KC) | A person touches you in a sexual way on your breasts, vagina or anus;
Includes touching over the top of or under your clothing that does not penetrate in any way; Kissing; or A person makes you touch their penis, vagina or anus. |
Carries a maximum penalty of 5-years’ imprisonment in the District Court, and up to 2-years’ imprisonment in the Local Court |
| Sexual Assault (section 61I) | A person has sexual intercourse with you when you do not want to, or you cannot consent; and
That person knows you do not want to or cannot consent or has no reasonable grounds to believe you consented. |
Carries up to 14-years’ imprisonment. Standard non-parole period of 7-years imprisonment. |
| Aggravated Sexual Assault (section 61J) | A person has sexual intercourse with you without your consent in aggravating circumstances. | Carries up to 20-years’ imprisonment |
What does ‘sexual intercourse’ mean?
Sexual intercourse involves:
- A person putting their penis, fingers, hand, tongue or an object into your vagina or anus; or
- A person putting their penis or vagina or anus on your mouth; or
- You putting your vagina, anus or mouth on someone else’s penis or vagina
Legally, sexual intercourse tends to involve some form of penetration by genitals, object or body parts into the mouth or genitals of another.
Aggravating circumstances include:
- Being under the age of 16 years old
- Use of a weapon during the sexual assault
- Having a severe disability
- The abuser being a figure of authority – i.e. teacher, carer
- You are physically hurt when they sexually assault you
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.