Rape and Sexual Assault Lawyers
Have you been charged with a sexual offence?
Rape and sexual assault are among the most serious criminal offences in Queensland, carrying severe penalties, including lengthy prison sentences. These charges can arise in a variety of circumstances and often involve complex evidence, such as witness statements, forensic analysis, and digital communications.
Each case is unique, and a thorough examination of the evidence is essential to ensuring the best possible outcome.
We are experienced criminal lawyers Brisbane offering strategic advice for all sexual offences in Queensland.
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.
Key points for sexual offences
Which court do I go to?
All charges for sex offences will start in the Magistrates Court.
If the charge is minor, it can be finalised in the Magistrates Court. More serious offences such as rape, will need to be moved 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 negotiations or mediation.
Will I go to prison?
The types of penalty for sex crimes can range from a fine to prison sentences. Rape has a maximum penalty of life imprisonment. Other penalties include probation and community service. A conviction may also be recorded. Given the serious penalties, early advice from a criminal lawyer is crucial.
What are strategies to defend sexual offences?
It is common for complainants to only come forward months or years after the alleged incident, as there is no time limit for the police to lay charges in these types of cases.
Our criminal lawyers Brisbane have particular experience in defending historical sexual complaints. This situation requires extra legal skills and strategies due to the passage of time. This includes complexities such as locating witnesses, examining testimony when memories are weak, and testing objective evidence. We have been successful at trial in a range of these cases, and clients have been found not guilty.
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 you honestly and reasonably believed that the complainant was consenting. From 2024, the law has changed and requires some positive physical or verbal communication of consent from the complainant (‘affirmative consent’). Silence is not consent. Consent can also be withdrawn by words or conduct, and so rape can still occur even if there was initial consent.
What is a pre-text telephone call?
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.
What can I do if I have been charged with rape?
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 criminal lawyer.
The early steps can affect the outcome. Our best criminal lawyers will work closely with you to understand the details of your case, and provide strategic advice for the best opportunity of successfully defending your case.
Contact us today for strategic advice about your case from our highly experienced Brisbane criminal lawyers.
