Sexual and physical assault are serious crimes that can have long-lasting effects on victims. It can happen anywhere—on the street, at home, in workplaces or even in public venues—from minor incidents like an unwanted touch to serious violent crimes.
In 2022, police reported over 32,000 cases of sexual assault in Australia. Understanding what constitutes these offences and how they are legally defined is important for both victims and the general public. Yet, many people are unsure what counts as assault, the difference between physical and sexual assault and the legal consequences perpetrators may face.
In this article, we’ll break down the definitions, legal implications and what to do if you or someone you know has been affected.
What is Physical Assault?
Physical assault is when a person intentionally applies force or threatens to apply force to another person without their consent. It doesn’t have to cause injury; even an attempt to harm someone can be considered assault if there is an immediate threat.
Some examples of physical assault include:
- Punching, kicking, slapping or pushing
- Using an object or weapon to harm someone
- Grabbing someone aggressively
- Threatening to cause harm while having the means to carry it out
The penalty for physical assault depends on the level of harm. In Australia, physical assault is categorised into different levels:
- Common Assault – Minor assaults with little or no injury (e.g., a slap or a push). Fined or short-term imprisonment.
- Assault Occasioning Actual Bodily Harm – Involves injuries that require medical attention. It can result in imprisonment for up to 5 years.
- Grievous Bodily Harm (GBH) – Serious injuries with long-term consequences (e.g., broken bones, permanent damage). Offenders may face up to 25 years in prison.
What is Sexual Assault?
Sexual assault is any unwanted sexual act committed against another person without their consent. This includes a range of behaviours, from inappropriate touching to rape.
Common examples of sexual assault include:
- Unwanted groping or touching
- Forcing someone to engage in sexual activities
- Rape (sexual penetration without consent)
- Indecent exposure or forcing someone to watch explicit content
- Sexual harassment or coercion
Consent and the Law
Australian law defines consent as a free and voluntary agreement to engage in sexual activity. Consent cannot be given if a person is:
- Under the legal age of consent (varies by state but typically 16 or 17)
- Under the influence of drugs or alcohol to the point of incapacity
- Coerced, threatened, or manipulated
- Asleep or unconscious
How To Report a Sexual and Physical Assault in Australia?
If you have been a victim of physical or sexual assault, you should report the incident as soon as possible. Here’s what to do:
Step 1: Call the Police
Call 000 for immediate help. If the assault has already occurred, you can visit your local police station to file a report.
Step 2: See a Doctor
Even if there are no visible injuries, a medical examination can document any physical or psychological impact. Hospitals and doctors can also collect forensic evidence if necessary.
Step 3: Get Support
There are many support services for assault victims:
- 1800RESPECT (1800 737 732) – National helpline for domestic and sexual violence support
- Lifeline (13 11 14) – Crisis support and suicide prevention
- Victims of Crime Support Services – State-based programs that offer legal and financial assistance
Step 4: Consider Legal Action
You can:
- Charge the perpetrator with a crime
- Seek compensation through victims’ support programs
- File a civil claim if a third party (e.g., employer, venue owner) failed to protect you from harm
What are the Penalties for Sexual and Physical Assault in Australia?
Australia has strict laws against assault, with penalties varying based on the severity of the offence and state legislation.
Physical Assault Penalties:
- Common Assault: Fines and/or imprisonment up to 2 years
- Assault Occasioning Bodily Harm: Up to 5 years imprisonment
- Grievous Bodily Harm: Up to 25 years imprisonment
Sexual Assault Penalties:
- Indecent Assault: Up to 5 years imprisonment
- Sexual Assault (Rape): Up to life imprisonment in severe cases
- Aggravated Sexual Assault (e.g., assault involving threats, weapons, or multiple offenders): 20+ years imprisonment
How Can Victims Get Compensation?
Victims of assault may be eligible for financial assistance through state-based Victims’ Support Schemes. Compensation can cover:
- Medical expenses
- Counselling services
- Loss of income due to trauma
- A recognition payment for pain and suffering
Each state has different claim processes and deadlines, so seeking legal advice early is recommended.
Seek Help from an Experienced Sexual and Physical Assault Lawyer
Sexual and physical assault are serious crimes with devastating consequences. If you or someone you know has experienced assault, know that help is available. At Wyatts, we have a team of expert sexual and physical assault lawyers ready to assess your case and find the best legal options specific to your situation.
We work on a “No Win No Fee” basis, meaning you will only have to pay if you win your case (some conditions do apply). Don’t waste more time. Contact our compensation lawyers today at 1800 773 880 to determine your eligibility for a compensation claim.
