Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Sexual Offences - NT
Sexual Assault
Date: 09/01/2009
The Law -
Most of the serious sexual offences are to be found in Part VI of the NT Criminal Code under the heading "Offences against the Person and related matters".
There are a number of different types of sexual offences. The most common offence known as "rape" in many jurisdictions is known in the Northern Territory as "sexual intercourse without consent" contrary to Section 192 of the NT Criminal Code.
The term "consent" means free and voluntary agreement. The NT Criminal Code details some circumstances where there is no consent and these include the following:
- The person submits because of force, fear of force or fear of harm of any type or threat to themself or another person;
- The person submits because they were unlawfully detained;
- The person is asleep, unconscious or so affected by alcohol or another drug as to be incapable of freely agreeing;
- The person is incapable of understanding the sexual nature of the act etc.
A defendant is only guilty if the intercourse is had without the consent of the other person and the accused knows about or is reckless as to the lack of consent. The concept of reckless expanded upon in Section 192(4)(A) of the NT Criminal Code as including not giving any thought to whether or not the other person is consenting.
Maximum Penalty - Sexual Assault
The maximum penalty for sexual intercourse without consent is imprisonment for life. Section 55 & Section 78(BB) of the Sentencing act is that a person must be sentenced to an actual term of imprisonment and that the non-parole period must not be less than 70% of the head sentence.
There are a host of other offences of a sexual nature contained in the NT Criminal Code. A person who is charged with any of these types of offences needs to seek the urgent advice of a criminal lawyer before participating in any formal records of interview with the police.
Our standard advice is that a person should say the following:
"I want to participate in a record of interview however I would like an opportunity to seek independent legal advice from Peter Maley before I formally submit to be interviewed by the police."
What the prosecution must prove - Sexual Assault
To be advised.
Possible Defences - Sexual Assault
To be advised.
The Court process - Sexual Assault
To be advised.