Facing a sexual assault or other sexual offence charge in NSW is one of the most serious and stressful things that can happen to a person. These charges carry heavy penalties and lasting consequences, and they are often decided on one person’s word against another’s. Experienced, careful representation from the very start is essential. Call Robert Kaufmann on 1300 276 529 for a free initial consultation with an Accredited Specialist in Criminal Law.
Sexual assault lawyer in Sydney
Robert Kaufmann has practised criminal law in NSW for over 23 years. For 17 of those years he has been an Accredited Specialist in Criminal Law, recognised by the Law Society of NSW. He has defended sexual offence charges, including historical and child sexual assault allegations, at hearing and before juries in the District Court. Robert handles your matter personally and with complete discretion.
Sexual offences in NSW
Sexual offences are mainly found in the Crimes Act 1900. Common charges include:
- Sexual assault (section 61I): sexual intercourse without consent, knowing the other person did not consent. Maximum 14 years’ imprisonment.
- Aggravated sexual assault (section 61J): sexual assault with aggravating circumstances, such as causing injury, being armed, or the complainant being under 16. Maximum 20 years.
- Sexual touching (section 61KC) and sexual act (section 61KD) offences, which do not involve intercourse.
- Child sexual offences, including offences involving children under 10, 14 and 16, and persistent sexual abuse of a child.
- Historical allegations, which are generally dealt with under the law that applied at the time of the alleged offence.
- Online offences, such as child abuse material, grooming and image-based abuse (sharing intimate images without consent).
Consent: the law changed in 2022
NSW introduced “affirmative consent” laws from 1 June 2022. For conduct after that date, a person does not consent unless they said or did something to communicate consent. A belief that the other person consented is not reasonable unless the accused said or did something to find out whether they consented. For conduct before 1 June 2022, the earlier law applies. Which law applies, and how it applies to the evidence, can decide the case.
How these cases are defended
- Testing the evidence: statements, timelines, messages, phone records, CCTV and medical or forensic evidence.
- Credibility and reliability: inconsistencies between accounts, delay in complaint, and motives to fabricate, raised properly within the strict rules that protect complainants.
- Identity and opportunity: whether the accused was there at all.
- Consent and belief in consent, under the law that applies to the date of the alleged offence.
- Expert evidence where needed, such as DNA, digital forensics or medical evidence.
What to expect in court
Sexual offence proceedings have special procedures. Complainants usually give evidence by audio-visual link or behind a screen, the court may be closed to the public, and there are limits on questions about a complainant’s sexual history. Most serious charges are heard before a jury in the District Court. These cases need a lawyer who knows these rules well and can still put your defence fully and fairly. Bail can also be harder to get, because many serious sexual offences are “show cause” offences.
How we can help
- Advice before any police interview. You do not have to answer police questions, and you should get advice first.
- Bail applications, including in the Supreme Court.
- Careful review of the brief and early negotiations with the DPP.
- Running defended hearings and jury trials.
- Sentencing and appeals, where needed.
Courts we appear in
We appear in Local Courts across Sydney and NSW, and in the District Court, the Supreme Court and the Court of Criminal Appeal.
Sexual assault charge FAQs
Should I speak to police?
You must give your name and address, but you do not have to answer other questions. In sexual offence matters, anything you say can be used as evidence. Get legal advice before agreeing to an interview.
The allegation is from many years ago. Can I still be charged?
Yes. There is no time limit on prosecuting serious sexual offences in NSW. Historical cases raise their own issues, such as lost evidence and changes in the law, which can matter a great deal to the defence.
Will my name be published?
There are restrictions on publishing the identity of complainants in sexual offence cases, and in some cases on identifying the accused. We can advise you on what applies in your matter.
Speak to a sexual assault lawyer now
Call Robert Kaufmann on 1300 276 529 for a free initial consultation, book a phone consultation online, or send an enquiry through our contact form.
This page is general information about NSW law and is not legal advice. Every case depends on its own facts.