Criminal lawyers Melbourne & Ballarat

Being charged with a sexual offence can be stressful as there’s so much at stake. You could face jail time or be placed on the Sex Offender Register. Whether you’re charged with rape, assault or indecent exposure, our experienced lawyers can give you advice on how to respond to the charges and represent you in court and police interviews.

Our criminal lawyers will help you get a fair hearing and resolve your issue quickly so you can get on with your life.

Types of sexual offences

Sexual offences are crimes where one person uses force or threatens another to engage in an unwanted sexual act. It includes:

  • Rape, which is unwanted sexual penetration. This can include incest, which is with a close relative;
  • Sexual assault, which is unwanted kissing or touching;
  • nwanted sexual behaviour, like forcing someone to watch pornography; and
  • Indecent assault.

Generally there are three elements that need to be proved in a sexual offence:

  • One person intentionally engaged another in a sexual act;
  • The other person didn’t consent to the sexual act; and
  • The first person was aware, or should have been reasonably aware, that the other person didn’t consent to the sexual act.

What is consent 

Consent means that someone willingly agrees to engage in a sexual act. Some of the situations where a person doesn’t consent includes if they are:

  • Forced to do something;
  • Scared what will happen to them if they don’t perform the act;
  • Held against their will;
  • Asleep or unconscious;
  • Not able to understand what’s happening; or
  • Mistaken and believe you’re someone else.

It can be very difficult to prove that someone gave consent to engage in a sexual act for many reasons. Often there’s no one else in the room so it’s one person’s word against another. You may also have difficulty remembering exact details over time.

Why MNG Lawyers

Our lawyers have over 20 years experience helping people just like you. Being charged with a sexual offence can be an emotional and stressful experience, so we take the time to listen to you, explain what your rights are in plain English and outline your options. We can represent you in court and help you get a fair hearing.

Frequently Asked Questions

The penalties you can receive if you’re charged with a sexual offence depend on the type of crime you’re charged with and the circumstances surrounding the offence. They can include:

  • A fine;
  • Time in prison, which can be up to 25 years for the most serious offences;
  • A Community Corrections Order, where you can serve your sentence in the community; or
  • A Good Behaviour Bond, where you can stay in the community but must meet certain conditions.

The Sex Offender Register has information about people who have committed specific sexual offences. Whether your name is placed on the register depends on the type of sexual offence that you’re found guilty of.

If your name is placed on the Sex Offender Register you may need to regularly let the police know where you are. You may also be unable to volunteer or work with children.

Get in touch today, always in confidence.

We’re here to help. It’s our top priority to ensure your needs and concerns are met every step of the way.
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