Sex Offences – Rape, Indecent Assault and Sexual Assault Lawyers Melbourne

Have you been charged or interviewed in relation to a sexual offence, sexual assault or indecent assault? Wondering which is the best lawyer for sexual assault and/or related criminal charges?

You need to speak to a sex offences lawyer who:

• Understands this area of law;
• Has experience in both Magistrate contested hearings and County Court jury trials; and
• Will not judge your circumstances, but will fight to get you the best outcome, be it an acquittal or no gaol time.

What Constitutes a Sex Offence in Victoria?

In Victoria, sex offences are governed by the Crimes Act 1958 and encompass a range of criminal acts involving sexual conduct without consent or with a person unable to give consent. Examples include:

Rape

In Victoria, rape is defined as sexual penetration without consent. It is set out in section 38 of the Crimes Act 1958 and carries a maximum penalty of 25 years imprisonment, with a standard prison sentence of 10 years. Rape involves penetration of the vagina, anus, or mouth without consent.

Sexual Assault

Sexual assault charges in Victoria, as defined in section 40 of the Crimes Act 1958, pertain to intentional sexual intercourse or touching (without penetration) without consent. They carry a maximum penalty of 10 years imprisonment.

Indecent Assault

While the term “indecent assault” has been largely replaced by “sexual assault” in Victorian legislation, it historically referred to unwanted sexual contact that falls short of penetration.

Consent and Age of Consent

In Victoria, consent is defined as free agreement under section 36 of the Crimes Act 1958. The age of consent in Victoria is 16 years old. However, a person aged 16 or 17 cannot validly consent to sex with a person in a position of authority over them, as outlined in section 49C of the Crimes Act 1958.

See here for more on the Age of Consent in Victoria.

Child Sexual Abuse

Child abuse is a particularly serious category of sex offences in Victoria. The Crimes Act 1958 includes several specific offences related to the sexual abuse of children. These include sexual penetration of a child under 16, sexual penetration of a child under 12, and sexual assault of a child under 16. The maximum penalties for these offences are severe, with maximum sentences ranging from 10 years to life imprisonment, depending on the specific alleged offence and the age of the child.

Additionally, Victoria has introduced grooming offences to criminalise behaviour intended to facilitate the engagement of a child in sexual conduct. The law recognises that children cannot give consent to sexual intercourse or activities, and any sexual contact with a child is considered abuse, regardless of whether the child appears to have agreed.

Variations in Terminology

It’s important to note that Victoria, like other Australian jurisdictions, has its own specific terminology and definitions for sexual offence charges.

For instance, what might be termed “sexual assault” in one state could be called “rape” in Victoria, depending on whether penetration occurred.

Understanding these distinctions is crucial for any sexual assault attorney and the general public to navigate this complex area of law and ensure proper protection and justice for victims of sexual offences in Victoria.

Dribbin & Brown Criminal Defence Lawyers: expert sexual assault defence lawyers

While we specialise in crime & traffic law at Dribbin & Brown Criminal Lawyers, we have extensive knowledge of and a proven track record representing people charged with a wide range of sex offences, including sexual assault, indecent assault and rape, amongst others.

Our locations

We have a criminal law firm located in the Melbourne CBD, Broadmeadows, Ringwood, Dandenong, Frankston, Moorabbin, Geelong, Werribee, and Ballarat. We regularly appear at the Magistrates’, County, and Supreme Courts in all these localities.

The legal process

The laws of evidence relating to the prosecution of sexual offence charges are very complicated, and, in many circumstances, strict time limits apply. Matters will often move quickly through the Court system.

The filing hearings and committal mentions are usually conducted in the Melbourne Magistrates Court in a special list convened to handle sex offence cases only. These matters will usually be heard on a Friday. No other offence is dealt with in this way.

First steps

If you have been charged with a sexual offence, you must obtain legal advice as soon as possible. We understand that these matters are embarrassing and often very personal, but more than any other criminal offence, it is essential to seek advice early from an experienced lawyer who regularly represents clients charged with sex offences.

Should I cooperate in a record of interview for a sex offence charge?

We have defended hundreds of cases involving sex offences. If police want to interview you regarding a sexual offence, you must seek legal advice before participating in the record of interview.

Considering whether to comment on your record of interview is not something that you should work out on your own. How you approach your interview can have serious repercussions. This choice should only be made after seeking advice from a practitioner experienced in defending sex charges.

What you say during your interview can be used against you in court, and what you put on the record could be the difference between being found guilty and not guilty.

Handling police interviews

Remember, the police are not your friends in this instance. They have a job to do, and nine times out of ten, they will charge you regardless of what you say on your interview record.

For more information about handling police recorded interviews, please click here.

Recent County Court decisions

Here are some recently published and publicly available, hard-fought County Court decisions regarding serious sexual offending in which our clients did not go to gaol:

• Sexual Penetration of a child under 16
• 6 x Sexual Penetration of child under 16
• Persistent Sexual Abuse of a Minor – CCO
• Rape; Delay; Sentence Upheld

These cases relate to guilty pleas only, as the Courts do not publish not-guilty verdicts. It should be noted that we have won hundreds of sex offence trials in the County Court.