Sexual Assault & Sexual Offence Defence Lawyers Melbourne

Accused of a sexual offence, or asked to attend a police interview?

Speak to a sexual assault lawyer in Melbourne who:

• Is familiar with sexual offence charges

• Has a proven track record of success, having represented clients in numerous Magistrate contested hearings and County Court jury trials.

• Will listen to your circumstances without judgment and provide you with the support you need to make informed decisions about your case.

While our law firm specialises in criminal law, our team includes experienced criminal lawyers who act in sexual offence matters and represent individuals charged with these offences. If you have been accused, seek legal advice immediately.

In Victoria, sexual offences are encapsulated in broad categories and include sexual acts without consent, sexual offences against children, sexual offences alleged by a person exercising authority, sexual offences involving family members (incest), image and digital-based sexual offences and other types of sexual offending, including bestiality.

Our criminal lawyers have extensive experience in criminal defence and appear at Melbourne courts and across Victoria, including Ringwood, Dandenong, Frankston, Moorabbin, Geelong, Werribee, Ballarat and all other Victorian regional courts. Backed by experience and expertise, our sexual offence lawyers in Melbourne regularly appear at the Magistrates’, County, and Supreme Courts in all these localities.

Get expert legal advice before you speak to police

Whether or not to comment in your police record of interview is not something you should try to figure out on your own. Police interviews are a critical stage in the investigation process, and the repercussions of how you approach the interview can be significant. Therefore, it is advisable to consult with a lawyer who specialises in defending sexual offence charges, and we strongly recommend seeking advice before participating in any police interviews.

Be mindful of what you say during a police interview, as the evidence you give may be used against you in Court. The information you provide can make a significant difference in determining whether you are found guilty or not. After all, the police are not your friend in this situation. Their responsibility is to carry out their duties, and in many cases, they may charge you irrespective of what you say during the interview.

As experienced sexual assault defence lawyers, we strongly advise you to opt for legal advice before providing any statements to the police. A skilled and efficient lawyer can help you with “what to say and what not to say” during the interview and protect your rights and interests.

Sexual offence charges we defend in Victoria

Sexual offences in Victoria sit under the Crimes Act 1958. People also call them sex offences or sex crimes.

Sexual assault (section 40)

Being charged with sexual assault under Section 40 of the Crimes Act 1958 means that the accused is alleged to have intentionally touched another person in a sexual manner without their consent, and without a reasonable belief that the other person consented to the touching. In plain terms it is non-consensual sexual touching, and the maximum penalty is 10 years imprisonment.

Indecent assault charges

Indecent assault was renamed sexual assault in July 2015. The old charge is still laid where the allegation dates from before then.

Rape (section 38)

Rape means intentionally sexually penetrating another person without their consent and without a reasonable belief that they consented. The maximum penalty is 25 years imprisonment, and the case is heard in the County or Supreme Court. Our rape lawyers in Melbourne appear in these cases. Read more about this charge.

Sexual offences against children

These include sexual penetration of a child under 12, grooming and child abuse material offences, which older law called child pornography.

Historical sexual offence allegations

An allegation can be made decades after the event. There is rarely forensic evidence, so these cases rest on memory and credibility.

Defence strategies our sexual assault defence lawyers use

The prosecution has to prove every element of the charge beyond reasonable doubt. The available defences depend on the allegation. For charges involving adults the issue is often consent, or whether you reasonably believed the other person was consenting. A belief is not reasonable if you took no steps to confirm consent. In other cases it is that you were not the person involved, or that the act did not happen as described.

We check each witness statement, phone records and CCTV, brief expert witnesses where it helps, and challenge the prosecution’s case where it is weak.