Level 1/16 Malop St, Geelong VIC 3220, Australia
Level 1/16 Malop St, Geelong VIC 3220, Australia
In cases involving sexual offences, individuals require thorough and expert legal representation to navigate the complexities of the legal system. Geelong Lawyers specialise in sexual offence cases. We provide invaluable support, guidance, and advocacy for individuals facing such difficult situations, ensuring that their rights are protected and their voices are heard.
What are the types of sexual offences?
There are numerous criminal offences that pertain to sexual offending, in both State and Federal jurisdictions. The following are examples of sexual offences in Victoria:
There are also various offences that relate to children. See ‘Offences Against Children’ .
What happens when I am charged?
In the majority of cases, you will be interviewed by police before you are officially charged. At a police interview, you have the right to communicate with a lawyer before you answer any questions. You should call a lawyer immediately at this point to understand your rights before the interview proceeds.
If you are charged, the police will determine whether you are placed on bail, given a summons to attend Court at a later date or are remanded to be brought before a Magistrate. Before you attend any police interview, we recommend contacting us in advance so we may provide you with preliminary advice.
Depending on the nature of the charge, your case will proceed summarily in the Magistrate’s Court or via the indictable stream. We will advice you on the correct procedure and whether your case will be ultimately determined by a Magistrate in the Magistrates’ Court or a Judge in the County Court.
What defences are available?
You may have a defence to your charge. This will depend on the nature of the charge and the facts surrounding the allegations. In some cases, the following defences may be available:
At Geelong Lawyers we can review all evidence and advise you whether a defence is available on the evidence.
Rape is a serious offence that carries a maximum sentence of 25 years’ imprisonment. In addition, the ‘standard sentence’ for rape is 10 years’ imprisonment. In almost all circumstances an individual will receive a custodial sentence for the offence of rape. The sentence is determined by a Judge in the County Court.
The rules governing the Sex Offenders Registry are contained within the Sex Offenders Registration Act 2004. Whether you become a registered sex offender will depend on what charge(s) you are sentenced for. The duration is 8 years to life and will only start once you have been sentenced.
If your case is heard in the County Court then you do not have to give evidence. In Victoria there is no obligation on the accused to give evidence before a jury, however if you participated in a recorded interview with police then that interview may be played in Court.
Your lawyers will advise whether there is a benefit to your case in giving evidence at Trial.
The duration of your case is dependant upon the nature of the charge. For example, the charge of rape can only be determined by the County Court. If a charge of rape is contested, your case will eventually run as a Trial before a jury of 12 members of the community. A Trial could be as late as 12-18 months after you are first charged, depending on the number of pre-trial hearings that occur beforehand in the absence of a jury.
A less serious charge such as indecent exposure can be heard in the Magistrates’ Court and if not contested, could be finalised as little as 3-6 months from the date you are charged.
Generally, all Court proceedings in Victoria are open to the public, including journalists. The Open Courts Act 2013 states that the everyday operations of the Court should be accessible to the public.
Journalists are permitted to take notes during court hearings and publish articles in the news. In some cases, such as cases involving children, the media will not be permitted to publish names as it may reveal the identities of the victim(s).
Journalists are not permitted to take photos inside the Court building but may take photos of any person outside as this is a public area.
At Geelong Lawyers we will never discuss your case with the media or any other person unless expressly authorised by you.
If you are charged with sexual assault, it is essential to seek legal representation from a skilled sexual assault lawyer immediately. Refrain from speaking to police or investigators without having obtained legal advice in advance.
Yes, a sexual assault lawyer can assist you in developing a defence strategy, challenging the prosecution’s evidence, and advocating for you in court. Your lawyer will work diligently to protect your rights and achieve the best possible outcome for your case.
A sexual assault conviction can result in severe penalties, including imprisonment, fines, mandatory registration as a sex offender, and long-term consequences on your personal and professional reputation. It is crucial to have strong legal representation to defend against these charges.
