PERSONS CHARGED WITH “SEXUAL ASSAULT AND “RELATED OFFENCES”1
Table 1: NSW Local Criminal Courts Statistics 20012
| outcome of appearance | sexual assault3 4 | non-assaultive sexual offences | total | % of total |
| Defended hearing: all charges dismissed | 152 | 1 | 153 | 21.3 |
| Defended hearing: guilty of at least one charge | 82 | 5 | 87 | 12.1 |
| Defended hearing: other outcome5 | 13 | 0 | 13 | 1.8 |
| Convicted ex parte | 59 | 4 | 63 | 8.8 |
| All charges dismissed without hearing | 189 | 3 | 192 | 26.7 |
| Guilty plea to all charges | 168 | 14 | 182 | 25.3 |
| All charges otherwise disposed of | 27 | 1 | 28 | 3.9 |
| TOTAL PERSONS CHARGED | 690 | 28 | 718 | 100.0 |
Table 2: NSW Higher Criminal Courts6 Statistics 20017
| outcome of charge | sexual assault | non-
assaultive sexual offences | total | % of total |
| Trial: Acquitted of all charges | 159 | 2 | 161 | 27.4 |
| Trial: Guilty of at least one charge | 72 | 1 | 73 | 12.4 |
| Trial: Acquitted, had other guilty plea | 3 | 0 | 3 | 0.5 |
| Proceeded to sentence only8 | 187 | 5 | 192 | 32.7 |
| No charges proceeded with | 130 | 3 | 133 | 22.7 |
| All charges otherwise disposed of9 | 23 | 2 | 25 | 4.3 |
| TOTAL PERSONS CHARGED | 574 | 13 | 587 | 100.0 |
Footnotes
1. The offence category “sexual assault and related offences” and its subcategories (sexual assault and non-assaultive sexual offences) are defined by the Australian Standard Offence Classification (ASOC), issued by the Australian Bureau of Statistics (ABS 1997, Cat No 1234.0). The definitions of these subcategories are provided in the following footnotes.
2. Source: NSW Bureau of Crime Statistics and Research (ref: vk031220).
3. In both tables, “sexual assault” means: “Physical contact of a sexual nature directed toward another person where that person does not give consent, gives consent as a result of intimidation or fraud, or consent is proscribed (ie the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship)” (ASOC, ABS 1997, Cat No 1234.0). This category involves acts of aggravated and non-aggravated sexual assault, including, for example, incest, rape, unlawful sexual intercourse, unlawful fellatio/cunnilingus, carnal knowledge and indecent assault not involving any aggravating circumstances.
4. In both tables, the term “non-assaultive sexual offences” means: “Offences of a sexual nature against another person which do not involve physical contact with the person and where the person does not give consent, gives consent as a result of intimidation or fraud, or consent is proscribed (ie the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship)” (ASOC, ABS 1997, Cat No1234.0). The term encompasses, for example, procuring a child for prostitution, forcing a child to witness an act of sexual intercourse, voyeurism, and gross indecency.
5. “Defended hearing: other outcome” includes persons for whom one or more charges were dismissed after a defended hearing, but who either (1) pleaded guilty to other charges or (2) were convicted ex parte of other charges.
6. “NSW Higher Criminal Courts” refers to NSW District and Supreme Courts.
7. Source: NSW Bureau of Crime Statistics and Research (ref: vk031220).
8. “Proceeded to sentence only” refers to persons who entered a plea of guilty at the committal hearing and were then committed for sentencing to a Higher Court.
9. “All charges otherwise disposed of” refers to cases in which the accused died or absconded.
