Sexual Offence Lawyers in Melbourne
Cases involving allegations of sexual offending are often highly sensitive. When a person is accused of a sexual offence, it is important that they receive clear, reliable advice from a criminal defence lawyer who approaches the matter with discretion and professionalism.
Allegations of sexual offending can also involve complex legal and procedural issues. In a number of respects, the laws and court processes governing sexual offences differ from those that apply to many other criminal charges. For that reason, obtaining advice from a criminal lawyer experienced in dealing with sexual offence allegations is particularly important.
At Stary Norton Halphen & Galbally, our lawyers practice exclusively in criminal law and regularly represent clients facing allegations of sexual offences across Victorian courts. Our experience extends to a wide range of charges, including:
rape
sexual penetration of a child
persistent sexual abuse of a child
incest
sexual penetration of a child, step-child, sibling or parent
sexual penetration of a person with a cognitive impairment or mental illness
sexual assault
sexual assault of a child
sexual assault of a person with a cognitive impairment or mental illness
sexual activity in the presence of a child
procuring a sexual act by threat or fraud
grooming or procuring a child for sexual activity
administering an intoxicating substance for a sexual purpose
assault with intent to commit a sexual offence
threats to commit a sexual offence
possessing or accessing child abuse material
transmitting, distributing or producing child abuse material
loitering offences involving children
obscene or wilful exposure
Early Legal Advice
The approach taken in a sexual offence case will always depend on the particular circumstances involved. However, obtaining legal advice as early as possible is extremely important.
If you become aware that police wish to speak with you about an allegation of sexual offending, you should make every effort to obtain legal advice before participating in any police interview.
Anything said during a police interview may later be relied upon as evidence in court. Obtaining advice beforehand can help you understand:
your legal rights
how the interview process works
the potential consequences of answering police questions
whether it may be appropriate to provide an account or exercise your right to silence.
Early legal advice also allows a criminal lawyer to begin considering the issues that may arise in the case and the strategy that may be appropriate if charges are ultimately laid.
The Police Interview
A person who is interviewed by police has the right to remain silent. This means that you are not required to answer police questions and may respond to questions by responding “no comment.”
Whether it is appropriate to answer questions or remain silent will depend on the circumstances of your case. Where a person has not had an opportunity to obtain legal advice before being interviewed, exercising the right to silence is often the safest course.
In many situations, the first time a person becomes aware of a sexual offence investigation is when police attend their home to arrest them for the purpose of questioning. Although a person who is arrested still has the right to contact a lawyer, obtaining advice before the interview may be difficult in practice.
For this reason, if police contact you in advance and ask you to attend an interview by appointment, it is critically important to obtain legal advice beforehand. A criminal lawyer can explain the process, advise you about your rights and help you decide how best to approach the interview.
What Happens After a Police Interview?
In some cases, police will charge a person immediately after the interview.
However, it is also common for a person to be released after an interview without being charged at that time. If this occurs, it does not necessarily mean that the investigation has concluded.
There is often no fixed timeframe for when police must decide whether to lay charges. In some matters, a decision may be made relatively quickly, while in other cases it may take many months before a person learns whether charges will be filed.
What Should I Do If I Am Charged With a Sexual Offence?
If you are charged with a sexual offence and have not already obtained legal representation, it is important to seek advice from an experienced criminal defence lawyer as soon as possible.
A criminal lawyer experienced in sexual offence cases will assist by:
explaining the court process and the steps involved in your case
obtaining the prosecution's brief of evidence from the police
carefully reviewing the evidence relied upon by the prosecution
advising whether any defences may arise on the evidence
advising about the strength of the prosecution's case
explaining the possible outcomes if the matter proceeds to trial or if a plea of guilty is entered
Sexual offence cases often involve difficult evidentiary issues and complex legal considerations. Careful preparation and considered legal advice are therefore critical to ensuring that a case is properly prepared as it progresses through the court process.
At Stary Norton Halphen & Galbally, our lawyers regularly represent clients facing allegations of sexual offences in the Magistrates’ Court, County Court and Supreme Court of Victoria. We provide clear advice about the legal process, carefully analyse the evidence relied upon by the prosecution and work closely with our clients to ensure their cases are properly prepared.
Criminal Defence Lawyers in Melbourne
If you have been charged with a sexual offence, interviewed by police, or become aware that you are under investigation for a sexual offence, obtaining legal advice as early as possible is important and will help you understand the process and the options available to you.
To speak with an experienced criminal defence lawyer in Melbourne, contact Stary Norton Halphen & Galbally here or on (03) 8622 8200.