New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 61J

61J Aggravated sexual assault

(1) Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

(2) In this section,
"circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(b1) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict grievous bodily harm or wounding on the complainant or any other person who is present or nearby, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is under the age of 16 years, or

(e) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(f) the complainant has a serious physical disability, or

(g) the complainant has a cognitive impairment, or

(h) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

(3) In this section,
"building" has the same meaning as it does in Division 4 of Part 4.