Sexual Assault Offences in Australia

Sexual assault is a serious criminal offence in every Australian state and territory. It involves any non-consensual sexual act inflicted upon another person. While definitions and legal terminology vary between jurisdictions, all states regard sexual assault as a major indictable offence punishable by lengthy prison sentences.

This page outlines:

• What constitutes sexual assault

• Real-world examples

• How charges are laid by police

• The court process and evidentiary requirements

• Common legal defences

• State-by-state laws, penalties, and court procedures
  
  

What is Sexual Assault?

Sexual assault typically involves:

• Non-consensual sexual intercourse or penetration

• Touching of a sexual nature without consent

• Coercion or force to engage in sexual activity

• Sexual activity with a person who cannot legally consent (e.g. due to age, intoxication, or cognitive impairment)

Consent must be freely and voluntarily given. If consent is absent, withdrawn, or unable to be given, the act may constitute sexual assault.

Examples of Sexual Assault

• Forced intercourse or rape

• Groping or unwanted sexual touching

• Sexual acts performed on a person while they are asleep or unconscious

• Sexual penetration obtained through threats or intimidation

How Are Charges Laid?

Police may investigate sexual assault reports through:

• Victim statements

• Medical or forensic examinations (rape kits)

• Witness statements and CCTV footage

• Phone records, text messages, and social media evidence

Once sufficient evidence is gathered, charges are laid by issuing a Court Attendance Notice, or by arrest and charging at a police station. Most sexual assault matters proceed on indictment to higher courts.

What Must Be Proven in Court?

To convict a person of sexual assault, the prosecution must prove:

1. The accused engaged in a sexual act

2. The other person did not consent

3. The accused knew there was no consent or was recklessly indifferent to consent

The burden of proof lies entirely with the prosecution, and the standard is “beyond reasonable doubt.”

Legal Defences

Common defences to sexual assault include:

• Mistaken belief in consent (must be reasonable)

• Alibi (accused was elsewhere)

• Identity mistaken

• Mental impairment

• Consent given (if legally capable and freely provided)

Note: Consent is not a defence where the complainant was under the legal age of consent.