Sexual assault lawyers and what they can do for you
Being accused of a criminal offence can be a confronting experience. Obtaining advice from an experienced criminal lawyer can help you understand the allegations against you, the legal process that follows, and the options available to you. Cases involving allegations of sexual offending are sensitive and complex. It follows that if you are accused of a sexual offence, the guidance of an experienced, considerate and discreet criminal defence lawyer will be of invaluable assistance to you.
Sexual offences
Allegations of sexual offending are treated very seriously in Victoria. Many sexual offences are contained in the Crimes Act 1958 (Vic), while some offences relating to child abuse material and online offending are found in the Criminal Code Act 1995 (Cth). Certain summary sexual offences are also contained in the Summary Offences Act 1966 (Vic).
Sexual offences are often associated with non-consensual sexual touching, such as rape or sexual assault. However, the law also criminalises a range of sexual conduct that does not involve physical contact. Examples may include possessing child abuse material or communicating with a child in a sexual manner online.
Because the range of offences is broad, the seriousness of the charge and the potential penalties can vary significantly depending on the circumstances of the case.
Summary or minor sexual offences
Some sexual offences are classified as summary offences, meaning they are dealt with in the Magistrates’ Court of Victoria.
Summary offences generally involve less serious allegations and carry lower maximum penalties than indictable offences, although the consequences can still be significant. In Victoria, penalties for summary offences vary, with the highest penalty for a single summary charge being two years’ imprisonment.
Examples of summary sexual offences may include:
threatening to distribute an intimate image of another person without consent
distributing an intimate image without consent
sexual exposure in a public place
Indictable or serious sexual offences
Indictable sexual offences are serious criminal charges. These offences may be heard in the Magistrates’ Court but often proceed to the County Court owing to their serious nature. Penalties for indictable sexual offences vary. All have maximum penalties involving imprisonment.
One example is the offence of sexual assault under section 40 of the Crimes Act 1958 (Vic). This offence involves a person intentionally touching another person in a sexual manner without their consent and without a reasonable belief that the other person consented.
If found guilty of sexual assault, a person faces a maximum penalty of 10 years’ imprisonment.
Other examples of serious sexual offences include:
rape
sexual penetration of a child
persistent sexual abuse of a child
incest
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 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
The precise charges laid in any case will depend on the allegations made and the evidence relied upon by the prosecution.
What to do if you are accused of sexual assault?
If you are accused of a sexual offence, obtaining legal advice as early as possible is important.
A criminal lawyer can help you understand the allegations, explain the legal process, and advise you about whether any defences may be available.
It is particularly important to obtain legal advice before participating in a police interview if possible. Anything said during an interview with police may become evidence in court.
An experienced criminal lawyer will explain your rights to you, help you understand the interview process, and advise you about whether it is appropriate to answer police questions or exercise your right to remain silent.
Sexual assault lawyers
Cases involving allegations of sexual offending often involve complex legal and evidentiary issues. An experienced criminal lawyer can assist by:
explaining the court process and what to expect at each stage of the case
obtaining and reviewing the prosecution's brief of evidence
identifying issues with the evidence relied upon by the prosecution
advising whether any defences may arise on the evidence
advising about the range of possible outcomes if the matter proceeds to trial or if a plea of guilty is entered
assisting in preparing and presenting the case before the court.
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law and regularly represent clients facing allegations of sexual offences across the Victorian courts. We provide clear advice about the legal process, carefully review the evidence relied upon by the prosecution, and work with our clients to ensure their cases are properly prepared as they progress through the justice system.
If you have been charged with a sexual offence or are aware that police wish to speak with you about an allegation of sexual offending, obtaining legal advice at an early stage may assist you to understand the process and your options.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.