What Do Sexual Assault Lawyers Do?
Sexual assault lawyers represent people who are accused of sexual offences and assist them to understand the investigation process, respond to police inquiries, and navigate the court proceedings that may follow.
Allegations of sexual assault are often serious, sensitive and legally complex. A criminal lawyer experienced in this area of law can provide advice about the investigation, explain the court process, review the evidence relied upon by the prosecution and assist in determining how the case should proceed.
A criminal lawyer assisting a person accused of a sexual offence will typically:
explain the investigative process and what to expect
provide advice about participating in a police interview
explain the court procedures and stages of the case
advise whether any defences may be available
advise about the range of possible penalties if a person pleads guilty or is found guilty
assist in developing an appropriate strategy for the case, having regard to the available evidence and the client’s instructions.
The Investigative Process
In many cases, the first time a person becomes aware that they are being investigated for a sexual offence is when police contact them or attend their home seeking to question them. However, investigations of this nature often begin well before that point.
By the time police approach a person for an interview, they may already have gathered a range of evidentiary material. Depending on the circumstances, this may include:
a statement from the complainant
copies of text messages, emails or other communications
photographs or other digital material
CCTV footage
recordings of telephone conversations
statements from other witnesses, including people to whom the complainant has spoken about the allegation
In some investigations, police may also rely on what is commonly referred to as a pre-text conversation, where a conversation between the complainant and the accused person is recorded with the knowledge and assistance of police.
Understanding what material may already exist and how it may be relied upon during an investigation is an important reason to obtain legal advice at an early stage.
Police Interviews
If police ask to interview you about an allegation of sexual assault, it is important to obtain legal advice before participating in the interview if possible.
Anything said during a police interview may later be relied upon as evidence in court. For that reason, it is important that a person understands their rights during the interview process, how the interview will be conducted, and the potential consequences of answering police questions.
A person who is interviewed by police has the right to silence, meaning they are not required to answer questions. Whether it is appropriate to answer questions or exercise that right will depend on the circumstances of the case and should generally be considered after obtaining legal advice.
In some situations police may contact a person in advance and ask them to attend an interview by appointment. In others, a person may first become aware of the investigation when police attend their home to arrest them for the purpose of questioning.
If you become aware that police wish to speak to you about an allegation of sexual assault, it is always advisable to seek advice from a criminal lawyer as soon as possible so that you understand the process and can make an informed decision about how to approach the interview.
Going to Court
If a person is charged with a sexual offence, their case will usually begin in the Magistrates’ Court of Victoria.
How the matter proceeds from there will depend on the type and seriousness of the charge. Some offences, such as sexual assault, are often dealt with entirely in the Magistrates’ Court. More serious offences, such as rape, will begin in the Magistrates’ Court but will ultimately be determined in the County Court
A criminal lawyer can assist by explaining which procedure applies to the particular charge and guiding the accused person through each stage of the court process.
Preparing the Case
A significant part of a criminal lawyer’s role involves carefully reviewing the evidence relied upon by the prosecution.
Once the material has been disclosed, a criminal lawyer will review it in detail and advise their client about the available options. This may include advice about:
whether any defences are available
the strength of the prosecution's case
the prospects of successfully contesting the charges
the range of possible sentences if a person pleads guilty or is found guilty.
Based on that advice, the lawyer will assist the client in determining how the case should proceed and will act in accordance with their instructions.
How a Criminal Lawyer Can Assist
Allegations of sexual assault are often complex and can have serious consequences. Obtaining legal advice at an early stage can help a person understand the investigation process, their rights, and the options available to them.
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law and regularly represent clients facing allegations of sexual offences across Victorian courts. We provide clear advice about the process, carefully analyse the evidence relied upon by the prosecution, and ensure that our clients’ cases are properly prepared and presented before the court.
If you have been charged with, interviewed about, or are aware that police are investigating you for a sexual offence, obtaining legal advice as early as possible will be of benefit to you.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.