Have you received a charge sheet from the police?

What is a sexual offence?

A sexual offence is a crime which occurs when there is a lack of consent during sexual intercourse or any sexual act. This also includes when the alleged victim is unable to give consent due to circumstances such as their age or any mental or physical incapacity.

Common sexual offences include:

• Rape

• Sexual assault

• Bestiality

• Prostitution

• Wilful exposure

• Distributing intimate images without consent

• Observations or recordings in breach of privacy

• Unlawful carnal knowledge with or of a child under 16

• Unlawful sodomy

• Using the internet to procure children under 16

• Possessing child exploitation material 

• Indecent treatment of children under 16

• Incest

• Maintaining a sexual relationship with a child

Before you plead guilty to any sex offence charges it is important to seek out advice from an experienced criminal lawyer. A rape lawyer who specialises in sexual assault cases and the criminal justice system may be able to affect the outcome of your case.

Convictions for sexual assaults are treated very seriously. If you are found guilty of sexual assault the conviction for this offence could result in imprisonment and an order to become a registered sex offender. As the burden of proof lies with the prosecution and their ability to prove beyond reasonable doubt that assault of a sexual nature took place, legal representation could be crucial for your case.

What if you’ve been charged with sexual offences? 

All charges for sex offences will commence in the Magistrates Court. Depending on the seriousness of the charge, the matter will either be finalised in the Magistrates Court, or will proceed to the District Court through a committal hearing. The benefit of finalising a matter in the Magistrates Court is that it is usually quicker and with less cost. In some cases, we have also settled matters without proceeding to court including through case conferencing negotiations with the prosecutor and Adult Restorative Justice Conferencing.

The types of penalty for sex crimes can range from a fine to prison sentences that could even extend to life imprisonment. Other penalties include probation and community service. A conviction can also be recorded.

It is also not unusual for complainants to come forward some years after the alleged incident, as there is no time limit for the police to lay charges in these types of cases. We have particular experience in defending historical sexual complaints. These matters require an extra skill set due to the passage of time, as complexities include locating witnesses, examining testimony when memories are weak, and testing objective evidence. We have been successful at trial in these types of matters and clients have been found not guilty by a jury.

It is often argued in matters of a sexual nature, that it did not happen, or that the sexual acts occurred with consent. This includes that the adult complainant voluntarily consented to the conduct, or where you honestly and reasonably believed that the complainant was consenting. This will require a thorough examination of the circumstances. It is not for you to prove that the consent existed, but it is for the prosecutor to prove that it did not exist. It is important that you preserve any evidence, including text messages, emails, or contact details of persons of whom may have witnessed interactions between you and the complainant. It is important to pass this evidence to your lawyer.

An evidence gathering technique commonly used by police officers in these types of cases, is a ‘pre-text telephone call’. This involves the complainant calling you with an aim to extract an admission. The call will be recorded by the police and can be used as evidence in court. Therefore, it is important to seek advice early, even if you have not yet been charged by the police. If you expect that a complaint has been made, or will soon be made, it is important to contact us. The early steps can significantly affect the outcome.

Our lawyers will work closely with you to ensure they understand the intricacies of your specific case and provide you with the best possible legal advice or representation. Contact us today to start your legal journey with an experienced lawyer.