The offence of Sexual Intercourse without Consent falls within Section 61I Crimes Act 1900 (NSW).
The maximum penalty for this offence is 14 years imprisonment, with a standard non parole period of 7 years.
If the offence is aggravated, a person can be liable for more serious penalties.
The maximum penalty only relates to the most serious of offences, and is rarely applied.
In relation to Sexual Intercourse without Consent, the prosecution must prove:
You had sexual intercourse with another person;
This person did not ‘consent’; and
You knew there was no consent or were reckless as to consent.
If the police fail to prove any of the above elements, the charge will be dismissed.
There was consent;
You did not know the other person was not consenting (or reckless to that fact);
False allegations were made against you.
The charge will commence in the Local Court, however due to the offence being Strictly Indictable, it will ultimately be committed to the District Court to proceed to Trial by Jury (or in some cases, by Judge alone). Once the brief of evidence is served by the prosecution, our team will be able to advise on whether there are any prospects of seeking the charge be dropped against you at an early stage.
The matter will proceed to a Sentence Hearing in the District Court before a Judge. In most cases, a person will receive full time custody, however it is also possible in some cases to receive a Community Corrections Order.
An Intensive Corrections Order is not available for the offence of Sexual Intercourse without consent.
25% Utilitarian Discount
The court allows for a mandatory 25% discount on sentence, in cases where a person pleads guilty at the first available opportunity.If you are charged with this offence, it is extremely important to seek legal advice from an expert criminal lawyer. Call our team of legal advocates to discuss your case in a free consultation.
