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

[Moe]

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?

 

[Anubis]

Yes

 

[AllForHer]

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

 

[Anubis]

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

 

[Anubis]

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

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

 

[Serge Gorval]

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?

 

[Tim W]

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.