Compassionate Sexual Assault Lawyers in Melbourne

Melbourne’s Trusted Sexual Assault Lawyer for Advice and Representation

  • Expert defence: Our sexual assault lawyers in Melbourne have years of experience defending clients against serious indictable offences, including domestic abuse and other related matters.

  • Proven results: We understand the complexities of sexual offence cases. We build strong, tailored defence strategies

  • 24/7 support: We are available anytime to provide urgent advice when you need it most

  • Court representation: Our criminal lawyers navigate Magistrates’ and County Court proceedings with confidence

  • Compassionate guidance: We treat every case with discretion and sensitivity to ensure you feel supported throughout the process

In Victoria, sex-related crimes are considered to be very serious and fall under the category of indictable offences. Legal representation is imperative as they can be complex and distressing.

Understanding the Process with JDA’s Sexual Assault Defence Lawyer Melbourne

Navigating a sexual offence charge can be difficult and upsetting. JDA lawyers can help you understand your legal 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. They 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 Cases Our Sex Offence Lawyers Melbourne Handle

Sex related crimes, including sexual assault and certain forms of domestic abuse, are legislated in the Crimes Act 1958 (Vic).

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

Responses to these sex offences often involve denying the allegation. Another defence may be to assert that the sexual act was consensual.

Sexual offences are serious and often result in terms of imprisonment where persons are found guilty. There are also other consequences like registration pursuant to the Sex Offenders Registration Act 2004 (Vic). If you are charged with a sexual offence, and are searching for a sexual assault lawyer near me, contact one of our expert lawyers immediately for advice.

Why Early Legal Advice Matters in Sexual Offence Cases

Often, police investigations involve the accuser contacting the accused to initiate a discussion about the offence. This is often done to obtain admissions of guilt.

If you're being investigated for a sexual offence, the police will interview you. It's vital to get legal advice beforehand. A lawyer can help you decide whether to answer questions or remain silent.

experienced sexual assault lawyers in melbourne providing guidance and expert advice
  • 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 sex offence lawyers can help you understand a specific charge.

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

  • Sexual assault was formerly covered by Indecent Assault. Section 40 of the Crimes Act 1958 lists sexual assault 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 a reasonable belief that the individual in question consented. Other defences are that the person did consent, or denying the allegation entirely.

    A specialist sexual offence lawyer can help you understand the specifications of your case. We will 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. It is important to have expert legal advice and representation that you trust.

    If you are charged with the crime of Rape, contact our sexual assault defence lawyers as soon as possible.

    • 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

FAQs

  • You can reach out to James Dowsley & Associates, trusted sexual assault defence lawyers providing 24/7 legal advice and representation.

  • If you are accused of a sexual offence in Melbourne, it is crucial to seek legal advice immediately. Contact a qualified sexual assault lawyer who can guide you through the legal process, help you understand your rights, and develop a defence strategy tailored to your case. Avoid discussing the case with anyone other than your lawyer to protect your legal interests.

  • Sexual assault lawyers in Melbourne build a defence strategy by thoroughly reviewing the case details, gathering evidence, and identifying any inconsistencies in the prosecution's case. They work closely with clients to understand their perspective and use expert witnesses if necessary to strengthen the defence. The goal is to challenge the evidence presented and advocate for the best possible outcome.

  • In Victoria, sexual offences are considered serious crimes and can result in severe penalties, including imprisonment, fines, and a criminal record. The exact penalty depends on the nature of the offence, the circumstances of the case, and the defendant's criminal history. Legal representation is essential to navigate these complex cases and aim for a reduced sentence or acquittal.

  • Legal aid may be available for individuals facing sexual offence charges in Melbourne, depending on their financial situation and the specifics of the case. It is advisable to contact a legal aid office or a lawyer who can assess your eligibility and guide you through the application process. Having legal representation is crucial for a fair trial and effective defence.

  • During a consultation with a sexual assault lawyer, you can expect to discuss the details of your case, including any charges, evidence, and your personal circumstances. The lawyer will explain the legal process, potential outcomes, and how they can assist you. This is an opportunity to ask questions and understand the next steps in building your defence strategy.

Need a Sexual Offence Lawyers in Melbourne for immediate support and guidance?

Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7
on sexual assault charges. Alongside sexual assault defence, we also assist with criminal defence, bail matters, drink driving charges, traffic offences, assault allegations, family violence cases, burglary and robbery defence, drug offences, murder cases, criminal appeals, and fraud charges, supporting clients through some of the most serious legal challenges.

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