Sexual Assaults

AJ Faisal
April 30, 2022

My observation is, it is very difficult to defend a sexual offence if any part of the complainant story is true. Sexual Offence trials usually heard in District Court in front of Juries. He says, she says usually enough to find one’s guilt. First thing you need to consider is cost. It can be complex and you need very experienced criminal defence lawyer. It is not just what and how you present your case in court, it is more than that.

Although facing charges for a sexual offense or sexual assault can be challenging, it doesn’t imply an automatic guilty plea. Numerous defenses are available. Given the gravity of the matter, it’s crucial to consult with a defence lawyer specializing in sexual offenses as soon as possible. I offer a free initial consultation and have experience with several sexual offense cases. Feel free to call me now for a free consultation. Call 0731033044

Sexual Asselt Compensation Claim

An sexual assault victim can bring civil proceeding to claim compensation from the offender. Usually that happens when the offender is wealthy person. According to Section 11A of Limitation of Actions Act 1974, there are no time limit to bring action when it a sexual offence on a child. This is something defendant of a sexual assault case should keep in mind before a guilty plea.

Who is Child?

Usually, anyone under 18 would be considered a Child but any sort of sexual contact with anyone under 16 usually be considered an offence unless both is under 16.

What to know about Sexual Offences?

Section 352 of Criminal Code 1899 (Qld) stats,

352 Sexual assaults

(1) Any person who—
(a) unlawfully and indecently assaults another person; or
(b) procures another person, without the person’s consent—
(i) to commit an act of gross indecency; or
(ii) to witness an act of gross indecency by the person or any other person;
is guilty of a crime.
Penalty—
Maximum penalty—10 years imprisonment.

(2) However, the offender is liable to a maximum penalty of 14 years imprisonment for an offence defined in subsection (1) (a) or (1) (b) (i) if the indecent assault or act of gross indecency includes bringing into contact any part of the genitalia or the anus of a person with any part of the mouth of a person.

(3) Further, the offender is liable to a maximum penalty of life imprisonment if—
(a) immediately before, during, or immediately after, the offence, the offender is, or pretends to be, armed with a dangerous or offensive weapon, or is in company with any other person; or
(b) for an offence defined in subsection (1) (a) , the indecent assault includes the person who is assaulted penetrating the offender’s vagina, vulva or anus to any extent with a thing or a part of the person’s body that is not a penis; or
(c) for an offence defined in subsection (1) (b) (i) , the act of gross indecency includes the person who is procured by the offender penetrating the vagina, vulva or anus of the person who is procured or another person to any extent with a thing or a part of the body of the person who is procured that is not a penis.

(4) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

You need to understand Consent

348 consent of Criminal Code 1899 (Qld) states

(1) In this chapter,
“consent” means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

(2) Without limiting subsection (1) , a person’s consent to an act is not freely and voluntarily given if it is obtained—
(a) by force; or
(b) by threat or intimidation; or
(c) by fear of bodily harm; or
(d) by exercise of authority; or
(e) by false and fraudulent representations about the nature or purpose of the act; or
(f) by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner.

(3) A person is not to be taken to give consent to an act only because the person does not, before or at the time the act is done, say or do anything to communicate that the person does not consent to the act.

(4) If an act is done or continues after consent to the act is withdrawn by words or conduct, then the act is done or continues without consent.

Relevant Acts can be found HERE

Here is a great Video from YouTube about Consent.

Need Legal Advice? You may have arguable defence to challenge your charges but it might be best if you seek legal advice before that. This article contains only the crux, there are more important information you need to know if you proceed to challenge. Failing to prove your point in the court may result harsher sentence and will have to pay Offender Levy.

THIS IS A BLOG POST Every case is Unique. Small difference can make huge distinction in Criminal matters. You should contact me if you need legal advice specific to your matter. Call - 07 31 033 044

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter.

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.