Sexual Assault

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Sexual Assault Victoria Charges, Definition and Penalties

Section 40 of the Crimes Act 1958 (Vic) creates the statutory offence of sexual assault. In Victoria, the maximum penalty for sexual assault is 10 years imprisonment.

Sexual assault in Victoria is the sexual touching of another, in circumstances where the person being touched is not consenting. The offence is similar to rape. But the main difference is the Prosecution does not need to prove any penetration occurred.

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 the offence of sexual assault in Victoria, the prosecution must establish the following beyond reasonable doubt:

  1. The accused intentionally touched the complainant;
  2. The touching was sexual;
  3. The complainant did not consent to the touching; and
  4. The accused did not reasonably believe that the complainant consented to the touching.

Contact our Melbourne sexual assault lawyers

Like all sexual offences, It is a very 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.

It’s very important to get advice from an experienced sexual assault lawyer. The earlier, the better. This can help you develop an effective strategy.

We are not a ‘general practice’ law firm (e.g. Family Law, Personal Injury, Conveyancing, Wills and Estates, etc). Our time is spent on criminal and traffic matters. This helps us provide the best results for our clients.

If you have been charged with sexual assault, please contact Furstenberg Law. Our Melbourne criminal lawyers are experts in sexual assault cases.

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