New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CRIMES ACT 1900 - SECT 61J
Aggravated sexual assault
61J Aggravated sexual assault
(1) Any person who has sexual intercourse with another person without the
consent of the other person and in circumstances of aggravation and who knows
that the other person does not consent to the sexual intercourse is liable to
imprisonment for 20 years.
(2) In this section,
"circumstances of aggravation" means circumstances in which-- (a) at the time
of, or immediately before or after, the commission of the offence, the alleged
offender intentionally or recklessly inflicts actual bodily harm on the
alleged victim or any other person who is present or nearby, or
(b) at the
time of, or immediately before or after, the commission of the offence, the
alleged offender threatens to inflict actual bodily harm on the alleged victim
or any other person who is present or nearby by means of an
offensive weapon or instrument, or
(b1) at the time of, or immediately before
or after, the commission of the offence, the alleged offender threatens to
inflict grievous bodily harm or wounding on the alleged victim or any other
person who is present or nearby, or
(c) the alleged offender is in the
company of another person or persons, or
(d) the alleged victim is under the
age of 16 years, or
(e) the alleged victim is (whether generally or at the
time of the commission of the offence) under the authority of the alleged
offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged victim has a cognitive impairment, or
(h) the alleged
offender breaks and enters into any dwelling-house or other building with the
intention of committing the offence or any other serious indictable offence,
or
(i) the alleged offender deprives the alleged victim of his or her liberty
for a period before or after the commission of the offence.
(3) In this
section,
"building" has the same meaning as it does in Division 4 of Part 4.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback