In New South Wales (NSW), the intent to commit sexual offences is treated with the utmost gravity. Such offences pertain to instances where someone plans to participate in sexual activity without the approval of the other individual involved.

This article delves into the charges linked to these offences, what the prosecution must establish, and the potential defences available.

Breakdown of Charges for intent to commit sexual offences

Charges relating to the intent to commit sexual offences can fall under various provisions of the Crimes Act 1900 (NSW), contingent on the specific situation:

Section 61I – Aggravated Sexual Assault

This offence arises when one person purposefully sexually violates another without their consent under aggravated conditions. Aggravating circumstances might encompass the use of force, brandishing a weapon, or the participation of multiple individuals. The harshest penalty for aggravated sexual assault is life imprisonment.

Section 61H – Sexual Assault

 This crime involves the deliberate act of sexually touching another individual without their consent. It might also account for aggravated conditions akin to those in aggravated sexual assault. The stiffest penalty for sexual assault depends on the exact circumstances but can lead to considerable prison sentences.

Evidence Mandated by the Prosecution

For a conviction concerning intent to commit sexual offences, the prosecution must corroborate the following components beyond a reasonable doubt:

• Intent: The prosecution must manifest that the defendant harboured the specific intent to carry out sexual activity devoid of the other person’s consent. This intent can be deduced from the context, the defendant’s conduct, or any remarks made.
• Absence of Consent: The prosecution must validate that the sexual conduct transpired without the other party’s consent. Consent should be freely and knowingly given, and both parties must be competent to offer it. Proof of non-consent can be deduced from evidence like resistance, force, or inability to consent due to factors such as being under the influence or underage.

Potential Defences for intent to commit sexual offences

For those indicted with intent to commit sexual offences, several defences might be applicable, contingent on the situation:

• Consent: The defendant might contend that both parties willingly participated in the sexual act. Demonstrating mutual agreement and voluntary consent is paramount.
• Erroneous Belief in Consent: If the accused genuinely felt the other party had approved, they could invoke a defence of honest and reasonable misconception. Nonetheless, this defence necessitates that such a belief was sincerely held and founded on justifiable grounds.
• Baseless Accusations: The defence might assert that claims concerning the intent to commit sexual offences are unfounded or stem from hidden motives like resentment, envy, or personal benefit. This defence would call into question the trustworthiness of the accuser’s declarations and bring forth opposing evidence.

In Summary: Intent to commit sexual offences in NSW has serious repercussions. The onus lies on the prosecution to establish beyond a doubt that the defendant intended to engage in non-consensual sexual activity. However, several defences, like consent, mistaken belief in consent, and baseless accusations, can be invoked to counter the charges. Given the gravity of such accusations, it’s vital for individuals confronted with such charges to enlist the expertise of seasoned criminal defence solicitors familiar with the nuances of the specific case at hand.