Sexual Assaults

My observation is, it is very difficult to defend a sexual offence if any part of the complainant story is true. Sexual Offences 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.

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.

PLEASE NOTE

I am not an admitted lawyer. These contents are simply what I have learned during my work experience duty and through study. Please DO NOT consider any of my content as advice.  

*It is Recommendation Only based on my experience! No reward Received for referral.