What is considered sexual assault in Victoria?
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Disclaimer: The information provided in this blog post is legal advertising that is general in nature and does not constitute legal advice. For individual legal counsel, we invite you to contact James Dowsley & Associates.
What is indecent assault? Change to the Crimes Act
The term indecent assault is actually an outdated one. It was an offence under section 39 of the Crimes Act, but it has now been replaced by section 40. The law was repealed in June 2015, and as of 1st July 2015, the charge is referred to as sexual touching.
For consistency, we will not use the term ‘indecent assault’ in this blog. Instead, we will refer to ‘sexual touching’. If you have been charged with alleged sexual touching, we implore you to call our criminal lawyers today for immediate support and advice.
You should also ensure you speak with us before you are interviewed by the police.
What is considered a sexual offence?
Sexual offences are more serious crimes. This type of offence can often be split into several subcategories, including:
Sexual touching
Touching that is sexual in nature, where the other person did not provide consent.
Rape
Similar to the above, however, this also includes intentional sexual penetration (for example, inserting the penis into the vagina, anus, or mouth) where the other person did not consent.
Production of child pornography & child abuse material
This offence is under section s51C of the Crimes Act. If you have been changed or may be charged with producing a film, drawing, recording, computer game, or other material, it is imperative you speak to a criminal lawyer immediately.
Sexual exposure
Sexual exposure includes exposing one’s genitals in a sexual nature and in a public place.
Incest
Incest refers specifically to sexual penetration with those not only within your blood lineage (blood relative) but other ‘family’ relationships too, such as step-children or adopted children, half-siblings, etc.
What is the charge for sexual offences?
The charges for sexual offences vary widely, based specifically on the crime itself, as well as the:
Age of the victim
Number of victims
Degree of harm the crime has inflicted
Evidence the victim has against the perpetrator
Specific types of behaviour
Can you go to jail for sexually harassing someone?
Sexual harassment, and especially sexual assault, may result in jail time for the perpetrator.
Every criminal offence has a defence, so make sure you choose a criminal defence lawyer in Melbourne with the right knowledge and experience, particularly in this complicated area of law, to fairly represent you.
Have you been charged with a sexual offence?
We understand that a sexual assault charge can be highly distressing. We know that you may feel confused and scared, so we urge you to find legal representation you can trust.
James Dowsley & Associates offer 24/7 support, so you can confidently call us at any time of the day or night for immediate help.
What is harassment?
Harassment is a relatively general term that can cover a range of acts, from threats in the workplace to sexual harassment, like catcalling, flashing, unsolicited sexual comments and/or messages.
In many cases, what is considered ‘harassment’ is a civil matter, not a criminal matter. However, certain elements, such as touching in the workplace, without consent, may be considered a criminal act.
Do you need a criminal lawyer for sexual assault?
JDA’s experienced team of criminal lawyers in Melbourne are here to help. If you’ve been accused of misconduct, sexual assault charges, or if you need legal assistance, then contact James Dowsley and Associates today.
We specialise in criminal law and can assist people when they need legal advice, help and, of course, to defend you for a range of criminal offences including sexual assault, as well as:
You can also get in touch with a James Dowsey lawyer to enquire about legal aid in Victoria. Contact one of our offices today – and remember, our Frankston number is accessible 24 hours a day for immediate support and advice.
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Alternatively, you can reach out to us online and submit a confidential enquiry. Request a free consultation her