Sentencing Snapshot no. 280 describes sentencing outcomes for the offence of sexual assault in the County and Supreme Courts of Victoria from 2017-18 to 2021-22.
This is the latest Snapshot for this offence.
You can access case summaries for sexual assault offences from the Judicial College of Victoria’s Sentencing Manual Case Summaries.
You can also access statistics for sexual assault on SACStat.
Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2023
Snapshot 280: Sexual Assault
Introduction
This Sentencing Snapshot describes sentencing outcomes[1] for the offence of sexual assault[2] in the County and Supreme Courts of Victoria (the higher courts) from 2017-18 to 2021-22.[3] Adjustments made by the Court of Appeal to sentence or conviction as at December 2022 have been incorporated into the data in this Snapshot.
Detailed data on sexual assault and other offences is available on SACStat.
A person who intentionally sexually touches another person without the other person's consent is guilty of the offence of sexual assault. Sexual assault is an indictable offence that carries a maximum penalty of 10 years' imprisonment and/or a fine of 1,200 penalty units.[4] It can be tried summarily in the Magistrates' Court.[5]
This Snapshot focuses on cases where sexual assault was the principal offence, that is, cases where sexual assault was the offence that received the most severe sentence.[6]
Sexual assault was the principal offence in 1.0% of cases sentenced in the higher courts between 2017-18 and 2021-22.
Effect of COVID-19 on sentencing data
The data in this Snapshot is likely to have been affected by the COVID-19 pandemic. For instance:
- the number of people sentenced since March 2020 may be lower than in previous years because the pandemic caused delays in court proceedings;
- court backlogs may have led to prioritisation of more serious cases and therefore higher imprisonment rates than in previous years;
- prison sentences may be shorter than in previous years to reflect the combined effect of:
- guilty pleas having an 'augmented mitigatory effect' (Worboyes v The Queen [2021] VSCA 169) because they help to relieve the strain on the justice system; and
- the experience of prison being more burdensome due to increased stress on prisoners and their families and changes in custodial conditions.
People sentenced
From 2017-18 to 2021-22, 80 people were sentenced in the higher courts for a principal offence of sexual assault.
Figure 1 shows the number of people sentenced for the principal offence of sexual assault by financial year. There were 15 people sentenced for this offence in 2021-22, up from 7 in the previous year. The number of people sentenced was highest in 2019-20 (24 people) and lowest in 2020-21 (7 people).
Figure 1: The number of people sentenced for sexual assault, by financial year
| Financial year | Number of people |
|---|---|
| 2017-18 | 15 |
| 2018-19 | 19 |
| 2019-20 | 24 |
| 2020-21 | 7 |
| 2021-22 | 15 |
| Total | 80 |
Sentence types and trends
Figure 2 shows the proportion of people who received an immediate custodial sentence or non-custodial sentence for the principal offence of sexual assault. An immediate custodial sentence involves at least some element of immediate imprisonment or detention.[7] Over the five-year period, 48.8% of people were given an immediate custodial sentence. The rate of immediate custodial sentences was lowest in 2017-18 (26.7%) and highest in 2018-19 (84.2%).
Figure 2: The percentage of people who received an immediate custodial sentence or non-custodial sentence for sexual assault, by financial year
| Financial year | Immediate custodial sentence | Non-custodial sentence |
|---|---|---|
| 2017-18 | 26.7% | 73.3% |
| 2018-19 | 84.2% | 15.8% |
| 2019-20 | 45.8% | 54.2% |
| 2020-21 | 28.6% | 71.4% |
| 2021-22 | 40.0% | 60.0% |
Table 1 shows the principal sentence types imposed for sexual assault from 2017-18 to 2021-22. The principal sentence is the most serious sentence type imposed for the principal offence.[8]
Over the five-year period, less than half of all people sentenced for sexual assault as the principal offence received a principal sentence of imprisonment (47.5% or 38 of 80 people). The rate of imprisonment sentences was highest in 2018-19 (84.2%) and lowest in 2017-18 (20.0%). Almost one-third received a community correction order (31.3% or 25 people). Other principal sentences (21.3% or 17 people) were 6 adjourned undertakings,[9] 5 non-custodial supervision orders, 3 wholly suspended sentences of imprisonment, 2 fines and 1 custodial supervision order.
Table 1: The number and percentage of people sentenced for sexual assault, by principal sentence type and financial year
| Sentence type | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Imprisonment | 3 (20.0%) | 16 (84.2%) | 11 (45.8%) | 2 (28.6%) | 6 (40.0%) | 38 (47.5%) |
| Community correction order | 8 (53.3%) | 3 (15.0%) | 8 (33.3%) | 3 (42.9%) | 3 (20.0%) | 25 (31.3%) |
| Other | 4 (26.7%) | 0 (0.0%) | 5 (20.8%) | 2 (28.6%) | 6 (40.0%) | 17 (21.3%) |
| Total people sentenced | 15 | 19 | 24 | 7 | 15 | 80 |
Principal and total effective sentences of imprisonment
The following sections analyse the use of imprisonment for the offence of sexual assault from 2017-18 to 2021-22.
The principal sentence describes sentences for the offence at a charge level.
The total effective sentence is the sentence imposed for all charges in a case and applies at a case level. Where a case involves multiple charges, the total effective sentence will be either the same as or longer than the principal sentence.
Principal sentences of imprisonment
There were 38 principal sentences of imprisonment for sexual assault. Table 2 shows that of these, 36 (94.7%) were non-aggregate imprisonment terms, that is, the imprisonment terms were not part of an aggregate sentence, and 2 (5.3%) were aggregate imprisonment terms.[10] There were 12 people who received a community correction order in addition to their term of imprisonment (31.6%).
Table 2: The number and percentage of people sentenced to imprisonment for sexual assault, by sentence type and financial year
| Type of imprisonment sentence | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Imprisonment | 2 (66.7%) | 10 (62.5%) | 7 (63.6%) | 2 (100.0%) | 4 (66.7%) | 25 (65.8%) |
| Imprisonment and community correction order (combined) | 1 (33.3%) | 5 (31.3%) | 3 (27.3%) | 0 (0.0%) | 2 (33.3%) | 11 (28.9%) |
| Total non-aggregate imprisonment | 3 (100.0%) | 15 (93.8%) | 10 (90.9%) | 2 (100.0%) | 6 (100.0%) | 36 (94.7%) |
| Aggregate imprisonment | 0 (0.0%) | 1 (6.3%) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 1 (2.6%) |
| Aggregate imprisonment and community correction order (combined) | 0 (0.0%) | 0 (0.0%) | 1 (9.1%) | 0 (0.0%) | 0 (0.0%) | 1 (2.6%) |
| Total aggregate imprisonment | 0 (0.0%) | 1 (6.3%) | 1 (9.1%) | 0 (0.0%) | 0 (0.0%) | 2 (5.3%) |
| Total | 3 | 16 | 11 | 2 | 6 | 38 |
Figure 3 shows the imprisonment lengths for the principal offence of sexual assault for the 36 non-aggregate imprisonment terms. Imprisonment lengths ranged from 1 month to 4 years and 6 months,[11] while the median imprisonment length was 1 year and 4 months.
The most common range of imprisonment lengths was 1 to less than 2 years (13 principal sentences).
Figure 3: The number of principal sentences of imprisonment for sexual assault, by range of imprisonment lengths, 2017-18 to 2021-22
| Imprisonment length | Number of people |
|---|---|
| Less than 1 year | 10 |
| 1 to less than 2 years | 13 |
| 2 to less than 3 years | 6 |
| 3 to less than 4 years | 2 |
| 4 to less than 5 years | 5 |
| Total | 36 |
Figure 4 shows the average imprisonment length for the principal offence of sexual assault. Imprisonment lengths ranged from 1 year and 3 months in 2020-21 to 1 year and 11 months in 2021-22. Over the five- year period, the average imprisonment length for sexual assault was 1 year and 4 months.
Figure 4: The average imprisonment length for sexual assault, by financial year
| Financial year | Number | Average |
|---|---|---|
| 2017-18 | 3 | 1 year and 9 months |
| 2018-19 | 15 | 1 year and 10 months |
| 2019-20 | 10 | 1 year and 5 months |
| 2020-21 | 2 | 1 year and 3 months |
| 2021-22 | 6 | 1 year and 11 months |
Total effective sentences of imprisonment
Figure 5 shows the lengths of total effective sentences of imprisonment in cases where sexual assault was the principal offence. Total effective sentences ranged from 1 month to 8 years and 5 months,[12] while the median total effective sentence was 1 year and 10 months.
The most common range of total effective sentences was 1 to less than 2 years (12 people).
Note that it was not possible to determine the length of the total effective sentence for 1 person.[13]
Figure 5: The number of people sentenced to imprisonment for sexual assault, by length of total effective sentence, 2017-18 to 2021-22
| Total effective imprisonment length | Number of people |
|---|---|
| Less than 1 year | 10 |
| 1 to less than 2 years | 12 |
| 2 to less than 3 years | 4 |
| 3 to less than 4 years | 3 |
| 4 to less than 5 years | 2 |
| 5 to less than 6 years | 4 |
| 6 to less than 7 years | 0 |
| 7 to less than 8 years | 1 |
| 8 to less than 9 years | 1 |
| Undetermined | 1 |
| Total | 38 |
Non-parole periods
If a person is sentenced to an imprisonment term of less than 1 year, the court cannot impose a non-parole period. For imprisonment terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For imprisonment terms of 2 years or more, the court must impose a non-parole period in most circumstances. If the court fixes a non-parole period, the person must serve that period before becoming eligible for parole. If the court does not set a non-parole period, the person must serve the entirety of their imprisonment term in custody.
Of the 38 people who were sentenced to imprisonment for sexual assault, 28 were eligible to have a non-parole period fixed.[14] Of these people, 19 were given a non-parole period (67.9%).[15] Note that it was not possible to determine the length of the non-parole period for 1 person.[16]
Figure 6 shows the lengths of non-parole periods for people sentenced to imprisonment for sexual assault. Non-parole periods ranged from 7 months to 5 years and 3 months, while the median non-parole period was 2 years and 4 months.
The most common range of non-parole periods was 1 to less than 2 years (6 people).
Figure 6: The number of people sentenced to imprisonment for sexual assault, by length of non-parole period, 2017-18 to 2021-22
| Non-parole period | Number of people |
|---|---|
| Less than 1 year | 2 |
| 1 to less than 2 years | 6 |
| 2 to less than 3 years | 2 |
| 3 to less than 4 years | 4 |
| 4 to less than 5 years | 3 |
| 5 to less than 6 years | 1 |
| Undetermined | 1 |
| No non-parole period | 19 |
| Total | 38 |
Average total effective sentence of imprisonment and non-parole period
Figure 7 represents the average total effective sentence and average non-parole period for the 19 people who were sentenced to imprisonment for the principal offence of sexual assault and received a non-parole period that could be determined.
From 2017-18 to 2021-22, the average total effective sentence ranged from 2 years and 9 months in 2017-18 to 4 years and 1 month in 2021-22. Over the same period, the average non-parole period ranged from 1 year and 10 months in 2019-20 to 2 years and 7 months in 2021-22.
Figure 7: The average total effective sentence and non-parole period for people sentenced to imprisonment with a non-parole period for sexual assault, by financial year
| Financial year | Number | Average total effective sentence length | Average non-parole period |
|---|---|---|---|
| 2017-18 | 2 | 2 years and 9 months | 2 years and 1 month |
| 2018-19 | 9 | 3 years and 8 months | 2 years and 4 months |
| 2019-20 | 4 | 3 years and 0 months | 1 year and 10 months |
| 2020-21 | 0 | 0 | 0 |
| 2021-22 | 4 | 4 years and 1 month | 2 years and 7 months |
Other offences finalised at the same hearing
Sometimes people prosecuted for sexual assault face multiple charges, which are finalised at the same hearing. This section looks at the range of offences that offenders were sentenced for alongside the principal offence of sexual assault.
Figure 8 shows the number of people sentenced for the principal offence of sexual assault by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 18, and the median was 2 offences. There were 25 people (31.2%) sentenced for the single offence of sexual assault. The average number of offences per person was 3.0.
Figure 8: The number of people sentenced for the principal offence of sexual assault, by the number of sentenced offences per person, 2017-18 to 2021-22
| Number of offences | Number of people |
|---|---|
| 1 | 25 |
| 2 | 22 |
| 3 | 8 |
| 4 | 7 |
| 5-9 | 13 |
| 10-18 | 5 |
| Total | 80 |
Table 3 shows the 10 most common offences co-sentenced alongside sexual assault. The last column sets out the average number of offences sentenced per person. For example, 5 of the total 80 people (6.3%) were also sentenced for fail to comply with reporting obligations. On average, those 5 people were sentenced for 2.4 charges of fail to comply with reporting obligations per case.
Table 3: The number and percentage of people sentenced for the principal offence of sexual assault, by the most common offences that were sentenced alongside sexual assault, 2017-18 to 2021-22
| Offence | Number of cases | Percentage of cases | Average number of proven offences per case |
|---|---|---|---|
| 1. Sexual assault | 80 | 100.0% | 1.5 |
| 2. Fail to comply with reporting obligations | 5 | 6.3% | 2.4 |
| 3. Theft | 5 | 6.3% | 1.0 |
| 4. Common law assault | 4 | 5.0% | 1.8 |
| 5. Make threat to kill | 4 | 5.0% | 1.0 |
| 6. Commit an indictable offence whilst on bail | 3 | 3.8% | 3.0 |
| 7. Possess a drug of dependence | 3 | 3.8% | 1.7 |
| 8. Causing injury intentionally | 3 | 3.8% | 1.0 |
| 9. Causing injury recklessly | 3 | 3.8% | 1.0 |
| 10. Contravene a conduct condition of bail | 2 | 2.5% | 2.0 |
| Total | 80 | 100.0% | 3.0 |
Summary
From 2017-18 to 2021-22, 80 people were sentenced in the higher courts for the principal offence of sexual assault. Of these people, 38 (47.5%) were given a principal sentence of imprisonment.
The median total effective sentence of imprisonment was 1 year and 10 months, while the median principal sentence of imprisonment was 1 year and 4 months. Total effective sentences ranged from 1 month to 8 years and 5 months, and non-parole periods ranged from 7 months to 5 years and 3 months.
On average, people sentenced for sexual assault were sentenced for 3.0 offences each, with a maximum of 18 offences.
Further data on this offence is available on SACStat.
Endnotes
1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 256, which describes sentencing trends for sexual assault between 2015-16 and 2019-20.
2. Crimes Act 1958 (Vic) s 40. Prior to 1 July 2015, the offence was located in section 39 of the Crimes Act 1958 (Vic) and was called 'indecent assault'. This Snapshot includes both versions of this offence if they were sentenced during the five-year reference period. This Snapshot does not include the offence of sexual assault of a child aged under 16: Crimes Act 1958 (Vic) s 49D.
3. Data on first-instance sentencing outcomes presented in this Snapshot was obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute, and was also provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this Snapshot is accurate, the data is subject to revision.
4. The value of a penalty unit changes each year and can be found on the Council's website. Penalty units are set annually and published in the Victorian Government Gazette.
5. Criminal Procedure Act 2009 (Vic) s 28.
6. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy.
7. Immediate custodial sentences are mostly imprisonment, but they can also include partially suspended sentences, youth justice centre orders, hospital security orders, residential treatment orders, custodial supervision orders, and combined custody and treatment orders.
8. The principal sentence is the most serious sentence type imposed for the principal offence. For example, if the principal offence receives a sentence of imprisonment combined with a community correction order, imprisonment is the principal sentence.
9. DPP v Metzke [2018] VCC 712; DPP v Debenham [2021] VCC 949; DPP v Fern [2021] VCC 1950.
10. A court may impose an aggregate sentence of imprisonment on multiple charges sentenced at the same time. These sentences are a single term of imprisonment, but the sentences imposed on individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences.
11. DPP v Ryan [2018] VCC 1312 (4 years and 6 months). The second longest prison sentence for the principal offence of sexual assault was 4 years: DPP v Pryor [2018] VCC 1308; DPP v Leveni [2022] VCC 224; DPP v Saiin [2022] VCC 558.
12.DPP v Leveni [2022] VCC 224 (8 years and 5 months). The next longest total effective sentence was imposed in DPP v Michael [2018] VCC 1987 (7 years and 3 months).
13. 1 person was given a new total effective sentence that related to more than 1 case (they were already serving a prison sentence at the time). It was not possible to separately determine the total effective sentence for the case in which sexual assault was the principal offence: DPP v Bates (a pseudonym) [2022] VCC 250.
14. 10 people were not eligible to have a non-parole period fixed because they were given a total effective sentence of less than 1 year.
15. 9 people were eligible to have a non-parole period fixed but did not receive one, meaning their sentence was between 1 year and less than 2 years.
16. 1 person was given a non-parole period that related to more than 1 case (for example, they may have already been serving a prison sentence at the time). It was not possible to separately determine the non-parole periods that related to each individual case.
