Section 40 of the Crimes Act 1958 (Vic) creates the statutory offence of sexual assault. In Victoria, the maximum penalty is 10 years imprisonment. Like all sexual offences, It is a serious offence. Anything that you say in a police interview or to anyone else can potentially have consequences for the further conduct of your case. Obtaining legal advice at the earliest opportunity is crucial to effectively prepare a sound strategy for your criminal defence. If you have been charged with sexual assault and need to speak with a Melbourne lawyer, contact Furstenberg Law.
Section 40 replaces the statutory offence of indecent assault and involves somewhat different elements. The alleged commission date of the offence is important as it will dictate which offence is charged.
To prove this offence, the prosecution must establish the following beyond reasonable doubt:
- The accused intentionally touched the complainant;
- The touching was sexual;
- The complainant did not consent to the touching; and
- The accused did not reasonably believe that the complainant consented to the touching.
Our sexual assault lawyers in Melbourne can evaluate whether these elements exist in your case. Call us to get expert legal advice.