Law on Aggravated Sexual Assault & Penalties in NSW

 

It is reported that 36-year-old Reynhard Sinaga has been found guilty and convicted of 159 sexual assaults involving 48 young men over a period of January 2015 to June 2017.

The Indonesian born student arrived into the United Kingdom in 2007, and it’s reported that he could have raped many strangers for years prior to the time he started filming his attacks in 2015.

 

The Rapes

The court heard that Sinaga attended various clubs and bars close to his unit in Central Manchester.

Once inside the venue, he would start conversations with other male strangers who appeared to be the most intoxicated before inviting them back to his unit for more drinks.

After luring his victims’ home, he’d spike their drink with GHB, known as a date rape drug.

Once his victims were drug effected and unconscious, he would carry out his sexual desires on them, usually by repeatedly raping them to satisfy himself.

Totally unaware of having been raped by him, most of his victims would come over the next day. Some that would come around the following day, unaware of the rape, thanked him for taking care of them.

Then, one night in June 2017, his 18-year-old victim unexpectedly woke up at 6am while being attacked by Sinaga. The young male victim fought him off before reporting it to police.

As a result, he was arrested and his phone was seized revealing video recordings of his crimes. Following his arrest, Sinaga claimed that it was all consensual as the men were playing a sexual game where they would pretend to be dead.

His phone revealed 3.29 terabytes of material, which is similar to about two hundred and fifty DVD’s. Some of the assaults depicted in the videos went hours- with one such attack lasting about 8-hours long.

His victims were typically heterosexual students. Some of the clips depict his victims snoring, while others vomiting while being raped by him.

It is believed by police that there is likely to be higher number of his victims, claiming to have evidence that links Sinaga to assaults on 190 different people.

Ian Rushton, North West Deputy Chief Crown Prosecutor has said, “Reynhard Sinaga is the most prolific rapist in British legal history.. His extreme sense of sexual entitlement almost defies belief and he would no doubt still be adding to his staggering tally had he not been caught.”

The court heard that he seized and kept his victims’ belongings as a trophie.

In one text message he wrote to his friends, “He was straight in 2014. 2015 is his breakthrough to the gay world hahaha.

 

Finally Sentenced

Last Monday week, he was convicted and sentenced for his crimes to life imprisonment, with a requirement to serve at-least 30-years behind bars in the UK.

For legal information on the laws of sexual assault in NSW, Contact our friendly team to arrange a free telephone or in person consultation with one of our leading criminal defence lawyers based in Sydney.

Law on Aggravated Sexual Assault & Penalties in NSW

There is a maximum punishment of 20-years jail for committing an aggravated sexual assault on a person.

Section 61J Crimes Act 1900 (NSW) prescribes this maximum penalty if any person has sexual intercourse with another person without consent, in circumstances of aggravation, where the accused person was aware that there was no consent to the sexual intercourse.

Importantly, what does ‘circumstances of aggravation’ mean? This means, any one of more of the following circumstances:

  1. The alleged offender deprives the alleged victim of his/her liberty (as in the case of the above noted article of Reynhard Sinaga).
  2. The alleged victim has a cognitive impairment or physical disability.
  3. The alleged victim is under the authority of the alleged offender.
  4. The alleged victim is under age.
  5. The alleged offender was in the company of another (other than the alleged victim).
  6. If the alleged offender either inflict an assault, or threatens to do so with an offensive weapon or instrument at the time.

This crime also attracts a 10-year standard non-parole period (SNPP).

This means, that this offence has a minimum jail time (behind bars) of 10-years before the offender will be eligible to be released from jail back into the community on parole- but only if the court concludes that the offence falls in the middle range of objective seriousness for offences of this kind.

The 10-years SNPP isn’t applied as a mandatory requirement by the sentencing court, rather it’s used as a yardstick or guide in coming to a fair sentence for the offender.

Click here for the defences to an aggravated sexual assault or rape charge in NSW.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Australia's Leading Criminal Defence Lawyers, Delivering Exceptional Results in all Australian Courts.

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