Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is ‘assault and battery’? Are they the same thing?
- The phrase ‘assault and battery’ refers to the old English legal terms from which we get the modern offences relating to assault and grievous bodily harm.
- Assault was creating the fear of violence in the victim and battery was the actual force or touching of the victim.
- These old common law offences have been replaced by legislation in each Australian jurisdiction.
- The term ‘assault’ now includes both of the old ‘assault and battery’ concepts.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
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Does sexual assault involve a weapon?
- Most sexual assaults occur without the use of a weapon.
- However the use of a weapon would make a sexual assault more serious and therefore deserving of greater punishment.
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Is rape different from sexual assault?
- Rape involves the sexual penetration of another person without their consent.
- Sexual assault is the indecent touching of another person without their consent.
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What is the statute of limitations for murder?
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What is a ‘coward’s punch’?
- A coward’s punch is used to describe a situation where a person attacks another in an unprovoked way with one punch usually to the head and that punch results in the death or serious injury of the victim.
- It is sometimes also known as a ‘king hit’ or ‘one punch’.
- Many Australian states and territories have or are in the process of changing the law to make it clear that people who commit a ‘coward’s punch’ will be guilty of manslaughter and will face a mandatory jail term.
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What is corporate manslaughter?
- Corporate manslaughter is general term that refers to a type of workplace safety prosecution.
- Corporate manslaughter occurs where an employer is prosecuted for involuntary manslaughter on the basis of recklessness or negligence.
- The employer could be a business, a company, an organisation or a natural person.
- This crime commonly occurs where the employer’s workplace safety procedures are so lacking that it results in the death of an employee.
- In the case of a company the directors of the company may be sentenced to jail and the company may be sentenced to large monetary fines.
- Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
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What is vehicular manslaughter?
- Vehicular manslaughter occurs where a person recklessly causes the death of another person through the use of any type of motor vehicle.
- This is also known as ‘culpable driving causing death’ or ‘dangerous driving causing death.’
- The penalties are similar to manslaughter or serious injury offences.
- They can occur when the accused was:
- intoxicated,
- affected by drugs,
- negligent by excessive speeding or
- using a mobile phone.
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What can I do to help someone who has been sexually assaulted?
- You can reassure them that it was not their fault. Non- judgmental listening, sympathy and just being there for them can be very helpful.
- You will need to be patient and not put pressure on them to do anything before they are ready.
- Many victims of sexual assault have a hard time coming to terms with what has occurred to them. This is a natural reaction to trauma.
- When they are ready to seek medical assistance or professional help you can offer to accompany them wherever they need to go.
- If and when the person feels ready they can:
- see a counsellor,
- report the matter to police, or
- see a lawyer to get advice about compensation they may be entitled to.
- You can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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How often do sexual assaults occur?
- Sexual assault is incredibly under-reported.
- Studies have shown that 1 in 3 woman and 1 in 5 men will be the victims of sexual assault in their lifetimes.
- As little as 6% of these assaults are reported to police and even less are prosecuted in court.
- Sexual assault is an area where law enforcement authorities are trying to increase reporting rates.
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Who is most at risk for sexual assault?
- Anyone can be a victim of sexual assault.
- Certain groups are more at risk than others. Examples include women in abusive relationships or children who have been neglected by their parents or carers.
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If I want to avoid being sexually assaulted shouldn’t I just avoid walking down dark alleys at night?
- Sadly most sexual assault occurs between people who are known to each other.
- Being grabbed in a dark alley is very rare.
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If women go out and get drunk or wear revealing clothing aren’t they just asking for it?
- What a victim was wearing or whether they were intoxicated has no bearing on whether a sexual assault occurred or what the sentence of the court might be.
- Sexual assault is an intentional criminal act.
- The victim is not at fault.
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Is abortion murder?
View more Information on Assault, Sexual Assault, Homicide