Sexual Assault, Sexual Touching, and Sexual Acts

July 10, 2022

In New South Wales, having sexual relations with another person without their consent is a crime. This'sexual assault' offence carries a maximum prison sentence of fourteen years.


It is also illegal to sexually touch or perform a sexual act on another person without their consent. Sexual touching can result in up to five years in prison, while sexual acts can result in up to 18 months in prison.


Under New South Wales law, "sexual intercourse" has a broad definition. It refers to:


  • vaginal penetration by any part of another person's body or by an object held by that other person;
  • anus penetration by any part of another person's body or by an object held by that other person; or
  • oral sex.


Touching someone with your body or an object in situations that a reasonable person would consider sexual is referred to as "sexual touching."


Any other act that a reasonable person would consider sexual is considered a "sexual act."


Consent is defined as a "free and voluntary agreement" under New South Wales law.


The prosecution can prove that you were aware of the other person's refusal to consent in one of three ways:


  • They can establish beyond a reasonable doubt that you were aware that the other person did not consent.
  • They can establish beyond a reasonable doubt that you were negligent in determining whether the other person consented.
  • They can prove beyond a reasonable doubt that you had no reason to believe the other person consented.


Sexual offences are very serious. They can be even more serious if you are charged with an aggravated version of the offence, which can occur if the police allege that you physically harmed the other person or that they were under your authority at the time.


Sexual offences can be justified in a number of ways. You can successfully defend a sexual offence charge if you can show:


  • There is a reasonable possibility that you never actually had sexual intercourse with/sexually touched/performed a sexual act towards the other person.
  • There is a reasonable chance that the other person agreed.
  • There is a reasonable possibility that you mistook the other person for consenting.