Sexual Assault Charges in Victoria
There are a number of sexual assault offences that someone ca be charged with under Victorian law.
The legislative basis for these offences is from the Victorian Crimes Act
The main sex charges are;
For the purpose of this article, offences involving possessing child pornography and sex offender registry charges will be left to the side and addressed separately.
Sexual offending is viewed very seriously by the Courts and the penalties are being increased by the Courts seemingly, year by year. The starting point for sexual offences on a plea of guilty is normally a gaol term.
It should be implicit, if you are pleading guilty to sex charges, that the most important thing to do is to prepare your case properly. Your criminal lawyer attain a psychologist’s and psychiatrist’s report from professionals trusted by the Courts and get character references that address the issues that are most important on the plea, amongst other preparation.
It should also go without saying that just because an offence has been alleged and you have been charged, it does not mean that you cannot fight against the charges. People frequently make false allegations of sexual assault and as criminal lawyers in this field; we have seen many genuine retractions of allegations. We understand that the process whereby a complaint comes to Court is often not a straight forward one.
A crucial factor to remember in these cases is just because something is alleged, does not make it true. Often these cases are “oath on oath” where one party says something happened and the other says that it did not. The key to these cases is determining whether you can show a contradictory statement by the complainant or show that they have acted in a way inconsistent with the allegation. Was there, in fact, consent? Do you have witnesses who say it never happened? There are many and varied defences to sex cases.
Please read our articles on each individual sexual offence. Each article will outline Victorian law on the charge, what the prosecution would have to prove and the maximum penalty that can be imposed.