Sexual Assault

THE LAW:

Sexual Assault falls under Section 61I of the Crimes Act 1900. The maximum penalty is 14 years imprisonment.

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is guilty of the offence.

Sexual intercourse involves the penetration of the genitalia of a person by the body part or by an object used by a person. This includes the insertion of a penis in a person’s mouth, or cunnilingus, or continuing sexual intercourse without consent.

PLEADING NOT GUILTY TO SEXUAL ASSAULT:

If you have been charged with a Sexual Assault Offence the matter will proceed throughout the Local Court before committing to the District Court. The police will be required to serve a ‘brief of evidence’ upon you or your legal representative.

The brief of evidence includes the evidence the prosecution intends to use in the prosecution of the offence. It is important that you contact our team at Criminal Lawyers Group to discuss the best way to defend yourself against the charge.

If you plead not guilty to a charge of Sexual Assault, you will be committed to the District Court for ‘Trial’. Our Criminal Lawyers appear regularly in Sexual Assault trials in the District Court. This can be a very difficult process to go through and it is important that you contact our Criminal Lawyers to defend you.

PLEADING GUILTY TO SEXUAL ASSAULT:

If you plead guilty to a charge of sexual assault, you will be committed to the District Court for ‘Sentence’. Our Criminal Lawyers appear regularly in in District Court sentences. This can be a very difficult process to go through and it is important that you contact our Criminal Lawyers to assist you with your criminal case.

If you or someone you know has been charged with a Sexual Assault charge, contact our Criminal Lawyers today for a Free Initial Consultation to discuss your matter.

WHAT TO DO IF YOU ARE CHARGED WITH SEXUAL ASSAULT OR SEX OFFENCE?

There are steps you can take to minimise the impact of the claims against you and help build a solid defence against allegations to maximise your chances of being found not guilty.  These are outlined below.

1. UNDERSTAND THE SERIOUSNESS OF BEING CHARGED WITH A SEXUAL ASSAULT

If you are accused of sexual assault, it is important to take the matter seriously, no matter how ridiculous the claims are.  Many people beleive that because they are innocent they have nothing to worry about.  Nothing could be further from the truth. Many innocent men are convicted of sexual assaults yearly. Do not be complacent and trust a criminal defence lawyers’ advice to prepare your defence as if you are guilty. Picking the right lawyer with the right experience who is tenacious and willing to fight for you is the key to a successful defence.

2. DO NOT SPEAK TO THE ACCUSER

When you are accused of a sexual assault, especially by someone you know personally, this rule may be tempting to break because you think you can fix things up yourself, but you can’t! Often you will have bail conditions in place that restrict you contacting the complainant. Do not speak to the accuser under any circumstances.

3. PRACTICE YOUR RIGHT TO REMAIN SILENT

Arguably the most important thing to do. Keep your mouth shut. The police are not there to help you, they are there to prosecute you. They will at times make you believe they want to help you, but they do not. They have received a complaint and usually the final step in their investigation before charging is providing you with an opportunity to take part in an interview. Do not do it.

4. GATHER EVIDENCE IN SUPPORT OF YOUR VERSION OF EVENTS

Prepare any evidence that will assist your case and provide them to your specialist criminal defence lawyer when requested. If you do not think it may be important, add it! Until the case begins at trial you never know what evidence will be the key to your acquittal.

5. DO NOT TALK ABOUT YOUR CASE WITH OTHERS

Any person, other than your sexual assault lawyer, to who you provide your version of events, can be subpoenaed by the police to give evidence against you in court. You can tell people you have been charged with an offence, but you should refrain from giving them any details of what occurred beyond telling them you are not guilty and fighting the charges. Conversations with your criminal defence lawyer are privileged and cannot be used against you. Conversations with others are not.

6. DO NOT DESTROY EVIDENCE

If you have been found to destroy evidence, there may be further criminal charges against you. Further, it may lead to a belief that you are guilty of the crime because you have hindered the investigation.

7. DRAFT A WITNESS LIST FOR YOUR LAWYERS AS WELL AS A CHARACTER WITNESS LIST

If there any witnesses to the alleged offences, create a list with their contact details so that your defence lawyer can speak to them and obtaining witness statements. Further, your good character can be raised in court, and you can call character witnesses to testify under oath about your good character.

BOOK A FREE CONSULTATION:

Criminal Lawyers Group offers free first consultations with a criminal lawyer if you are charged with sexual assault or other sexual offences. You can contact us today for urgent representation for release applications as well as defending you at trial.