If you’ve been charged with sexual assault, we are here to help. We have years of experience representing clients charged with serious offences.
For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:
We will help you understand your charge and the court process. At all times, we are committed to ensuring you receive the best possible outcome.
Will I go to jail?
The maximum penalty is 14 years imprisonment. Therefore, it is a serious offence.
You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
- Had sexual intercourse with another person, and
- The alleged victim did not consent, and
- You knew the alleged victim was not consenting.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
Sexual Assault Definition
Sexual intercourse is a sexual connection through penetration to any extent of the female genitalia, or the anus of any person. In addition, the penetration can be by any part of the body, or an object. The act must be done without the consent of the victim. In addition, the offender must have known the victim was not consenting.
Therefore, sexual intercourse extends beyond penile-vaginal penetration, or penile-anal penetration. As a result, inserting fingers, a tongue or an object into the vagina or anus, or inserting the penis into the mouth of the victim amounts to sexual intercourse.
Court Process
After charge, the police will make a bail determination. If refused bail, you will remain in custody.
The charge will begin in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.
The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.
We can help
We can help you:
- Defend the charge
- Negotiate with police to withdraw the charge or amend the police facts
- Or if pleading guilty, we can help you to prepare a strong subjective case in order to reduce your sentence.
Contact us today on 0421 700 497 for a free initial consultation.
