SCB LEGAL
Our lawyers assist people facing sexual assault and indecent assault (sexual touching) offences, including first-time and subsequent offences.
If you, a family member or friend is facing sexual assault charges, indecent assault or sexual act charges in New South Wales, you will want to get an understanding of the types of sexual offences, potential outcomes and defences for sexual offence charges. On this page, we cover:
We can assist you with:
If you have been charged with a sexual offence, you may or may not be granted bail.
Whether you are granted bail depends on a number of factors, including whether you are considered to be an unacceptable risk.
Seeking urgent legal advice is the fastest way to understand your options and to ensure that you have the best possible chance of getting bail.
Depending on the charge, the DPP (Department of Public Prosecutions) may elect in the matter and it may go through the EAGP process. If that is the case, no plea is entered until the below process occurs.
EAGP stands for the ‘Early Appropriate Guilty Plea’ process. It is used to fast track resolution of cases through guilty pleas. It involves a 4 step process as set out below.
1. Brief Service
Post charge, a Magistrate directs the Police to provide all evidence to both the DPP and you or your lawyer if you have one.
2. Charge Certification
The Office of the Director of Public Prosecutions (“DPP”) reviews the evidence and may confirm the charges, add more charges or lay alternate charges. They may also withdraw the charges. The DPP then prepares a document called a Charge Certificate which sets out the charges they are proceeding with. The Charge Certificate is provided to the Court, and the DPP formally comes into the matter at this stage.
3. Case Conference
Once the charges are certified (i.e. when the Charge Certificate has been provided to the Court), there is a meeting to discuss whether an agreement can be reached to resolve the matter. This may involve back-and-forth negotiations about what, if any, charges the person may agree to.
4. Committal
If an agreement is reached, the Court is informed of the agreement, and pleas of guilty are entered. If the matter is going to be dealt with in the District Court, then the case is transferred at this point. Alternatively, if there is no agreement reached, then the matter will be transferred to the District Court for a Trial date to be set.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
If the charges are false accusations, it is essential that you speak to one of our highly experienced sexual assault defence lawyers here in Sydney. This is because you will want to obtain legal advice immediately to defend the charges.
Consent to sexual intercourse, sexual touching or recording or sharing of sexual images is central to all sexual offences involving adults. Under the law, consent can not be given by a child and therefore consent is not a factor in sexual offences committed against children. For information specific to sexual offences against children, jump to this section.
Below are the core categories of sexual offences in NSW.
Sexual Assault is when it is alleged that there was sexual intercourse without consent.
For sexual offence penalties, including sexual assault charges specific to NSW, jump to this section here. To learn more about possible defences when facing sexual assault charges, click here.
Aggravated Sexual Assault is when it is alleged that there was sexual assault accompanied by aggravating circumstances including, but not limited to:
For aggravated sexual assault penalties specific to NSW, jump to this section here. To learn more about possible defences when facing aggravated sexual assault charges, click here.
Aggravated Sexual Assault in Company is the the most serious of sexual assault offences as it involves sexual assault committed by multiple people and is accompanied by aggravating circumstances such as:
In New South Wales, Sexual Assault and Aggravated Sexual Assault cases are heard in the District Court.
To see the penalties specific to NSW, jump to this section here. To learn about defences when facing sexual offence charges, click here.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Seeking early legal advice can improve your outcomes. Learn more by speaking to our team. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
Indecent Assault is when it is alleged that there has been sexual touching (with physical contact) without consent.
To see the penalties specific to NSW, jump to this section here. To learn about defences when facing indecent assault/sexual touching charges, click here.
Aggravated Indecent Assault is an offence where it is alleged that there was indecent assault (sexual touching) accompanied by aggravating circumstances such as:
In New South Wales, Indecent Assault cases may be heard in either the Local Court or the District Court, depending on the severity of the alleged offence.
To see the penalties specific to NSW, jump to this section here. To learn about defences when facing aggravated sexual offence charges, click here.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Seeking early legal advice can improve your outcomes. Learn more by speaking to our team. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
A Sexual Act in NSW law is any act (other than physical sexual touching) that is considered to be of a sexual nature by a reasonable person. These types of offences include, but are not limited to:
To see maximum penalties, jump to this section here. To learn about possible defences, click here.
An Aggravated Sexual Act in New South Wales is an offence where it is alleged that there was a sexual act accompanied by aggravating circumstances such as:
In New South Wales, Sexual Act and Aggravated Sexual Act cases can be heard in the Local Court or the District Court, depending on whether the DPP elects in the matter.
To see the penalties specific to NSW, jump to this section here. To learn about possible defences, click here.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Learn more by speaking to our team. For urgent bail assistance, call our office during working hours or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online and telephone conferences. All options can be found here.
These charges relate to the recording and sharing or distribution of both still and moving images that in law are referred to as ‘intimate images’.
Intimate images may include an image or images of a person’s private parts, or of a person engaged in a private act.
Engaged in a Private Act e.g. bathing, using the toilet, dressing/undressing, acts where privacy would be expected.
This includes images that have been altered to appear as though they are of a person’s private parts or engaged in a private act.
Like all other sexual offences, consent is central to the charges. Consent for recording and consent for image distribution are separate. Charges related to recording, sharing or distribution of intimate images include:
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Reach out to our team to receive legal advice specific to your unique circumstances. Waiting to seek legal advice can reduce the opportunity for a better outcome in your case.
Offences in relation to minors (people under 18 years of age) include, but are not limited to:
The law views these crimes differently depending on the age of the child. The three distinctions are:
There are laws that also take into consideration if the child was in the care of or in a dependent relationship with the offender. This could include parents, coaches, teachers, carers etc. When there is a relationship of this kind between the accused and the child, then the charges will be categorised as “aggravated”. There is also separate offences where this occurred as the minor may be considered to be under the “special care” of that person.
To see maximum penalties, jump to this section here. To learn about possible defences, click here.
You can read more about bail assistance at our dedicated Bail page here.
If you require urgent bail assistance or legal advice for yourself or someone else, you can speak to one of our lawyers on the phone, in person or online. For urgent bail assistance, call our office during working hours. For urgent matters only, phone our dedicated after hours number 1800 SCB LAW. Prefer to meet in-person? We have two office locations – Penrith and Blacktown. Online or telephone conference calls are also available. All options can be found here.
If the charges are false accusations about a sexual offence, speak to one of our highly experienced defence lawyers here in Sydney. It is essential that you seek legal advice immediately to defend the charges.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Reach out to our team for advice about the best next steps.
You can read more about bail and how we can help at our dedicated Bail page.
The table below provides some of the possible sentences that may be handed down. The penalty imposed will vary depending on a number of factors including, but not limited to, the nature of the alleged sexual assault, act or touching.
The standard non-parole periods do not apply to people given life sentences.
For most sexual offences, the Court generally had no other option but to impose a term of full-time imprisonment. However, depending on the nature and seriousness of the sexual offence, a person may receive a penalty other than jail. It is likely that a person found guilty or who has pleaded guilty to a sexual offence may be required to complete a sex offender treatment program.
For more information about the different sentencing options click here.
For information about possible defences for sexual offences, read on below.
To view this table on mobile or tablet devices, use your finger to swipe left and right.
| OFFENCES AGAINST ADULTS | Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
| Sexual assault | 14 years |
| Aggravated sexual assault | 20 years |
| Aggravated sexual assault in company | Life |
| Indecent assault (sexual touching) | 5 years |
| Aggravated indecent assault (sexual touching) | 7 years |
| Sexual Act | 18 months |
| Aggravated Sexual Act | 3 years |
Information accurate for New South Wales as of January 2025.
Sources: Crimes Act 1900 No 40
Crimes (Sentencing Procedure) Act 1999 No 92
For most sexual offences, imprisonment is the primary sentence option with significant restrictions on non-custodial sentence options. For short custodial sentences, an ICO (Intensive Corrections Order) may be issued with a sex offender treatment program requirement where this is sufficient prospect of rehabilitation.
For information about possible defences for sexual offences relating to children, read on below.
To view this table on mobile or tablet devices, use your finger to swipe left and right.
| OFFENCES AGAINST CHILDREN | Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
| Procurement - Child under 14 years | 15 years |
| Procurement - any other case | 12 years |
| Grooming - Child under 14 years | 12 years |
| Grooming - any other case | 10 years |
| Incest | 8 years |
| Attempted Incest | 2 years |
| Beastiality | 14 years |
| Attempted Beastiality | 5 years |
| Sexual intercourse - Child under 10 yrs | Life |
| Attempting, or assaulting with intent to have sexual intercourse with a Child under 10 | 25 years |
| Sexual intercourse - Child 10-14 yrs | 16 years |
| Aggravated sexual intercourse - Child10-14 yrs | 20 years |
| Sexual intercourse - Child 14-16 yrs | 10 years |
| Aggravated sexual intercourse - Child14-16 yrs | 16 years |
| Aggravated sexual assault | 20 years |
| Aggravated sexual assault in company | Life |
| Indecent assault (sexual touching) - Child under 10 yrs | 16 years |
| Indecent assault (sexual touching) - Child 10-16 yrs | 10 years |
| Sexual Act - Child under 10 yrs | 7 years |
| Sexual Act - Child 10-16 yrs | 2 years |
| Aggravated Sexual Act - Child 10-16 yrs | 5 years |
| Sexual Act for Production of Child Abuse Material - Child under 16 | 10 years |
Information accurate for New South Wales as of January 2025.
Sources: Crimes Act 1900 No 40
Crimes (Sentencing Procedure) Act 1999 No 92
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
Seeking early legal advice can better the outcome of your case. Learn more by speaking to our team.
For urgent bail assistance call our Penrith office during working hours or out of hours, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online or telephone conferences. All options can be found here.
To be found guilty of a sexual offence, the prosecution needs to prove, beyond a reasonable doubt, that you are guilty of the offences alleged.
Possible defences are specific to the type of alleged offence and the circumstances.
Possible defences for sexual offences may include:
These last two defences can result in what is known as ‘indefinite detention’. What this means is that if it is found that the act was committed, but that the offender is not guilty, due to mental illness or cognitive (intellectual impairment), then the offender can be held in detention until it is decided that they are no longer a risk or a threat. For this reason, some lawyers prefer not to use this as a defence, but rather ask that a judge takes the information into consideration during sentencing.
To determine whether you have a defence available to you, specific to your circumstances, ensure you seek early legal advice from an experienced lawyer.
SEXUAL ASSAULT DEFENCE LAWYERS SYDNEY
For more information about defence strategies, make an appointment with our team. Know where you stand.
Our lawyers represent clients for sexual offences in these Courts across Greater Sydney:
We can help you understand the law, the charges and your options and, if you wish, can represent you at Court.
Need urgent bail assistance out of business hours? Reach out via our After Hours number 1800 SCB LAW. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to sexual offences, we can provide you advice via telephone, online meeting or at one of our office locations.
SEXUAL ASSAULT LAWYERS SYDNEY
Our highly experienced team will help you identify the opportunities that may be available to you.
