Sexual Offence Lawyers Melbourne

Our experienced sexual offence lawyers can provide you with much needed advice and representation.

  • In Victoria, sex related crimes are considered to be very serious and fall under the category of indictable offences

  • Legal representation is imperative in these cases as they can be complex and distressing

  • JDA lawyers are highly experienced in providing advice and representation for sexual offences heard in the Magistrates’ and County Court

The Process

Navigating a sexual offence charge can be difficult and upsetting. JDA lawyers can help you to best understand your options and rights as a defendant.

The Following May Occur in Relation to a Sexual Offence Charge:

  • The victim may report the alleged crime to police, or a person in a position of mandatory reporting may raise their suspicions to the Departments of Human Services

  • Police, doctors, teachers and nurses are all legally obliged to report suspected cases of child abuse to the DHS

  • The police may interview the suspect before or after laying a charge

  • In most cases the defendant will be required to stand trial and make a plea of guilty or not guilty

  • If the defendant is convicted of the crime a penalty will be imposed

Sexual crimes are taken very seriously and often have a maximum penalty of time in custody. The right legal advice will inform you of your rights and may be able to alter the outcome of your case.

Types of Sexual Offences

Sex related crimes are legislated predominantly in the Crimes Act 1958 (Vic).  

There are various crimes listed which relate to adults and children and refer to physical acts, non-physical acts, the distribution of material and other means. 

Common defences to these types of offences include a denial of the allegation or that the sexual act was consensual in nature. 

Sexual offences are serious and often result in terms of imprisonment where persons are found guilty. There are also other consequences such as registration pursuant to the Sex Offenders Registration Act 2004 (Vic). If you are charged with a sexual offence you should contact one of our expert lawyers immediately to seek advice. 

Early advice from an experienced lawyer is of critical importance in relation to sexual offences. Often the police investigation will involve accused persons being contacted by their accuser in an effort to engage an accused person in discussion about the offence to attempt to obtain admissions of guilt. Persons being investigated for sexual offences will be interviewed by police. It is critically important that prior to being interviewed by police you seek advice from a lawyer regarding the interview process and whether or not you should answer the questions asked by police or exercise your right to silence.

  • Penalties for Sexual Offences Include:

    • The charge being noted on your criminal record

    • A fine

    • Community Correction Order including offence specific treatment

    • Maximum jail sentences of between 1 and 25 years

    Experienced criminal lawyers can help you understand a specific charge.

    Read on for detailed information on some of the major sexual offences.

  • Formerly covered by Indecent Assault, Sexual Assault is listed in Section 40 of the Crimes Act 1958 as non-consensual sexual touching.

    It does not include non-consensual penetration which falls under the crime of Rape.

    The maximum penalty for committing Sexual Assault is ten years imprisonment.

    In order for a conviction to be made in a case of Sexual Assault it must be proved that:

    • The defendant intentionally touched the person in question in the alleged way

    • The touching was sexual

    • Consent was not given by the person touched

    • The defendant did not reasonably believe the individual in question consented

    Defences to this crime include reasonable belief that the individual in question consented, that the person did in fact consent or a denial that the allegation occurred.

    A specialist criminal lawyer can help you understand the specifications of your case and develop the best court strategy for you.

  • In Victoria, Rape is considered a very serious crime pursuant to section 38 of the Crimes Act 1958 (Vic). The Act defines Rape as the intentional sexual penetration of another person without their consent and that the accused did not hold a reasonable belief that they consented.

    Other subsections outline Rape by compelling sexual penetration by which an individual intentionally causes another person to penetrate them or a third party.

    By law sexual penetration means:

    • Inserting any part of the penis into the vagina, anus or mouth

    • Putting any part of an object or another part of the body, ie. finger or tongue into the vagina or anus of another person

    A Rape charge and trial can be extremely stressful so it is important to have expert legal advice and representation that you trust.

    Contact a criminal lawyer as soon as possible if you are charged with the crime of Rape.

    • Indecent Act

    • Production of Child Abuse Material

    • Possession of Child Abuse Material

    • Threat to Commit a Sexual Offence

    • Sexual Exposure

    • Incest

    • Sexual Penetration of a Child Under 16

    • Sexual Penetration of a Child Under 12

    • Sexual Assault of a Child Under 16

    • Sexual Exposure

    • Sexual Activity Directed At Another Person

Need a Criminal Lawyer in Melbourne for a Sexual Offence?

Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7 on sex related charges.