Understanding the Different Levels of Sexual Assault Accusations

June 25, 2024    criminaldefencelawyersperthwa
Understanding the Different Levels of Sexual Assault Accusations

Every human has the right to maintain the sanctity of their life and the dignity of their existence. Still, the animalistic side of humans is more pronounced in some, and they threaten, harm, or wound others to oppress and “win” the debate. In Australia, such acts are considered assaults.

Whatever the actual event, an assault is never a ‘small offense’ in Australia. In some cases, the Australian court may treat it as an instant crime, but it still has every chance of getting indicted.

The court considers the applicable criminal code of the various Australian states for the type and nature of the assault and several other factors before voicing a group or person guilty of assault.

So, whether you are the accused or the victim, it would be best for you to consult the best criminal defence lawyer to understand the various levels of sexual assault accusations. Here, we have discussed some of the differences and levels.

The legal definition of assault

The court considers some specific directive to determine the possibility of an assault or the degree to which the crime has occurred. They will also decide on the penalty for the guilty person. Here are the situations in which they rule the incident to be assault:

  • The accused touched, struck, applied force, or moved another person without their direct or indirect consent or after obtaining their consent by fraud.
  • The accused presented a threatening gesture, directly threatened, applied force of any kind on the other person, or showed the ability of apparent power to affect the outcome.

The accused will be pronounced guilty of assault if the accuser can present proof of any of these events. It can be witnesses, evidence, or even medical reports to prove the accusation to the court. However, the best impact of these proofs will happen when the best drug offence lawyers in Perth present your case.

What are the different types of assaults?

Assaults are defined in various forms depending on the place, state, or situation where the incident occurred. Under the Commonwealth and Australian laws, assaults are divided into six main categories. Some states may also update their legal stands on Assaults and have extra subdivisions. The groups are mentioned below:

  • Assault inducing physical harm
  • Common assault
  • Criminal wounding
  • Serious assault
  • Grievous bodily harm
  • Sexual assault

These can be some of the reasons to hire assault lawyers. But, before taking any step, it is important to know the different assault allegations.

What falls under sexual assaults

Any action happening in a private or public space and falling under gross sexual indecencies will be classified as sexual assault. The activities falling under these crimes are:

  • Sexually offensive words.
  • Touching without permission
  • It is compelling someone to touch genitals forcefully.
  • Rape
  • All non-permitted sexual acts.
  • Other inappropriate sexual progresses
  • Requesting sex for favors or roles in workplaces, school, or so.

Sexual penetration or intercourse without consent is classified as rape. It is the highest form of sexual assault, and the convicted person usually gets serious punishments.

Difference between sexual assault and contact

In some cases, people get puzzled about sexual penetration and sexual contact. The differences are given below:

Sexual contact: This aspect consists of deliberate touching of another individual’s intimate parts (groin or bottoms, or the female breasts) or the dress covering the intimate parts of another person with the purpose of erotic enjoyment or excitement.

Sexual penetration: This class includes carnal or anal intercourse, cunnilingus, fellatio, or the invasion of any body part or any external object into the anal, vaginal, or oral cavities.

Charges associated with sexual assault

Sexual assault offences are not unidirectional – the punishments may differ in severity according to their gravity. Usually, the three primary charges of sexual assault depend on:

  • The age of the victim (sexual assault on a child will be punished with harsher sentences than on an adult).
  • The nature of the crime (the penalty for rape will be graver than indecent exposure).
  • The presence of any family relation (incest gets treated according to the criminal laws of the specific location).

Maximum sexual assaults are presented in a district court and attract a penalty of up to 14 years. The court may order an extended imprisonment term if the assaulter used a weapon to threaten further, assault, or humiliate the victim.
So, it is always sensible to hire the best sexual assault lawyer Perth to get informed and effective representation in court.


So, we have discussed the legal implications of assaults, the actual definition of the term, the difference between sexual assault and consult, as well as the charges associated with the crime. This information will surely help, apart from that, it is always better to contact experienced lawyers for optimum support.

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