What court will hear the matter
This matter will be dealt with in the District Court of South Australia.
What the prosecution must prove
The prosecution must prove that you:
- knew that the victim was not consenting or was recklessly indifferent as to the consent;
- intended to assault the victim.
If the victim was under 14 years of age at the time then it is unnecessary for the prosecution to establish that you knew of or was reckless as to the aggravating factor.
There are a range of possible defences including, but not limited to, the following:
- there was a lack of intent;
- that you had consent.
Consent will not be a defence if the victim was under the age of 16 years. If the victim was between 16-17 years of age consent can be a defence – if you believed on reasonable grounds that the victim was over 17 years of age.
The maximum penalty for a basic offence is 8 years imprisonment while the maximum penalty for an aggravated offence is 10 years imprisonment.