Canberra & the ACT · Sexual offences
Sexual assault charges in the ACT.
Sexual offences in the ACT are among the most serious matters the courts deal with, and they are among the most defensible when the brief is tested properly. They are tried in the ACT Supreme Court and cannot be heard by a judge alone. Advice early, and silence until you have it, matter more here than almost anywhere.
- Sexual assaultUp to 17 yearsss 51-53 by degree
- Intercourse w/o consent12 yearss 54 (aggravated 15)
- CourtSupreme CourtJury trial; not judge-alone
- BailNo presumption / harderSerious offence
The ACT offences.
ACT sexual offences are structured differently from New South Wales. The Crimes Act 1900 (ACT) grades sexual assault by degree, and sets out a separate offence of sexual intercourse without consent.
Consent is central. The law asks whether the complainant consented and whether the accused was reckless as to consent. These are questions the brief has to be tested against, closely and fairly.
Penalties and where the matter is heard.
These offences are indictable and are tried in the ACT Supreme Court. They are excluded offences under Schedule 2 of the Supreme Court Act 1933 (ACT), so they are tried by a jury and cannot be heard by a judge alone. Penalties rise steeply with the degree of the offence and with aggravating features. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT).
Defences and issues that decide these matters.
Consent.
Whether the complainant consented, and whether the accused was reckless as to consent, is usually the central issue. It is a question for careful, evidence-based testing, not assumption.
Reliability and the account.
These matters often turn on the complainant's account and its consistency across the first complaint, the police statement and any other evidence. Inconsistencies and the surrounding evidence are examined closely.
Identity and the electronic record.
Where identity is in issue, or where messages, location data and other records bear on the account, that material is obtained and tested.
How a sexual offence matter is run.
These are matters where the presumption of innocence has to be defended in practice, not just in theory. The work is careful and fair: reading the brief, obtaining the electronic and third-party material, and deciding the defence. These matters are prepared for trial from the start. Anyone charged should say nothing to police about the substance until they have advice.
Frequently asked.
Are sexual assault charges tried by a jury in the ACT?
Yes. Sexual assault (ss 51 to 53) and sexual intercourse without consent (s 54) are excluded offences under Schedule 2 of the Supreme Court Act 1933 (ACT). They are tried by a jury in the Supreme Court and cannot be heard by a judge alone.
What is the penalty for sexual intercourse without consent in the ACT?
Up to 12 years under s 54 of the Crimes Act 1900 (ACT), rising to 15 years in an aggravated form and higher where committed in company.
Is consent the main issue?
Often, yes. The law asks whether the complainant consented and whether the accused was reckless as to consent. It is a question to be tested on the evidence.
Should I talk to police if I am accused of a sexual offence?
Not before advice. These matters turn on detail, and an account given without advice can do serious harm. Say that you want to speak to a lawyer, and say nothing about the substance until you have.
Accused of a sexual offence in the ACT?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019