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NSW Accused of Sexual Assault - Do We Get Charged Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Moe, 16 February 2016.

  1. Moe

    Moe Member

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    Hi, do we get charged under Criminal Law if a girl accuses us of sexual assault without any sexual intercourse? In short, accusing us of touching her breast while sleeping several times. Can she put a case in court? And if I want to defend myself, what might be the outcome as there isn't any evidence of sexual intercourse or any other assault?
     
  2. Anubis

    Anubis Well-Known Member

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  3. AllForHer

    AllForHer Well-Known Member

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    In New South Wales, what you've described is indecent assault, not sexual assault.
     
  4. Anubis

    Anubis Well-Known Member

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    Except one person's definition of no intercourse might be the traditional sense rather than s61H
     
  5. Anubis

    Anubis Well-Known Member

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    Read it properly
    Yes criminal.
    Yes indecent assault

    Age of alleged victim could be problematic for you

    You want to talk to a lawyer ASAP if/when you are given papers.

    Until you talk to a lawyer

    Don't say too much here
    Don't make a statement to police
    Don't talk to police
    Don't answer questions of police
    Don't help police with their enquiries.
    Don't go on camera to confirm any of the above


    Don't go to the police station until you have legal advice
     
  6. Serge Gorval

    Serge Gorval Well-Known Member

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    Hi, Moe

    Building on what everyone else has said, don't speak with the police and do not admit anything or agree to an ERISP interview.

    Has anyone from police contact you? You said "us" were multiple people involved?
     
  7. Tim W

    Tim W Lawyer

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    I concur with the above.
    You are heading for a world of trouble.
    Get a lawyer. Without further delay.
    And no, do not under any circumstances speak to police
    until you have had legal advice.
     

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