Sexual Offences Lawyer Melbourne

Sexual offences include a range of behaviours that are crimes because they involve non-consensual or coercive sexual activity, or because they exploit or abuse another person in a sexual manner.

Examples of sexual offences include rape, sexual penetration of a child under the age of 16, sexual assault, and sexual grooming of a child. In Victoria, the law relating to sexual offences is contained in the Crimes Act 1958 and the Summary Offences Act 1966.

Areas Of Practice - Sex Offences

Commonwealth law also applies in Victoria. Commonwealth law relating to sexual offences is contained in the Criminal Code Act 1995. Examples of Commonwealth sexual offences include access, possession, and transmission of child abuse material (formerly called ‘child pornography’) and using a carriage service to engage in sexual activity with, or procure for sexual activity, a person under 16 years of age.

Another area of Commonwealth sexual offences includes crimes against humanity such as sexual slavery and enforced prostitution. These offences are also contained in the Criminal Code Act 1995.

If you have been accused of a sexual offence, it is critical to seek the guidance of a skilled sexual offences lawyer. The law in this area has undergone numerous changes in recent years, making it complex. Elizabeth has the expertise and experience to defend you and achieve the best possible outcome from the beginning of your case.

The process usually begins with a formal interview with police, which is recorded and can be used as evidence. The interview can be with Victoria Police or the Australian Federal Police (AFP). It is essential to have proper legal advice, management, and a strategy in place before this stage, or, if that is not possible, to contact a sexual offence lawyer before the police interview begins. Take this opportunity to protect your rights and ensure the best possible outcome. After the interview, the police investigation may continue, or charges may be filed initiating the court process.

If a person is charged with a sexual offence in Victoria, they may be tried in a criminal court and, if found guilty, may face fines, community correction orders, or imprisonment. The penalties can be serious. The terms of imprisonment imposed by the courts are often high. For example, the charge of rape carries with it a maximum term of 25 years’ imprisonment.

It is important to remember that everyone is innocent until proven guilty, and that it is the responsibility of the Prosecution to prove that a crime has been committed beyond reasonable doubt. Defending charges of sexual offending is difficult and technical. Defending sexual offences is a specialised area. Seek legal advice from Elizabeth as soon as possible if you have been charged with a sexual offence. Time is important, and the loss of time can adversely impact the outcome of your criminal case.

Warning - Pre-text Calls

A pre-text call is a telephone call that is undertaken by a complainant (the person making the complaint to Police) or someone close to the complainant to an accused person. It is undertaken with the assistance of Police and it is recorded.

The whole point of the telephone call to the accused is to try to engage the accused person in a conversation and to elicit an admission from the accused person. The Police organise these telephone calls with the intention to use any admission against the accused person and to prove that the accused person committed the charge alleged.

A pre-text call generally unfolds as follows:

A complainant makes a report to the Police in relation to a sexual offence that is alleged to have been committed against the complainant.
The Police gives the complainant an opportunity to telephone call the person under investigation (the accused) with the purpose of recording the conversation, that may include an admission by the accused.
The pre-text call is usually made from a Police Station.
The accused person or suspect usually has no idea that the call has been made with the assistance of Police and that the purpose of the call is to try to elicit an admission from the accused about their alleged past contact.
Pre-text calls often commence with general chitchat. Initially, the call may seem like a regular conversation, but there is something odd about the call.

‘ Hello, how are you?’

‘We haven’t spoken in a long time.’

‘How is …?’

The complainant then moves onto something like, ‘I just want to talk to you about what you did to me’ or ‘I want to talk about what happened…’

A reason that is often given for wanting ‘to talk about what happened’ is that this will enable the complainant to ‘move on’.

An admission given in this context is potent evidence for the Prosecution case in a criminal trial.

A denial given in this context is potent evidence for the Defence case in a criminal trial.

Caution must be taken if you receive such a call. If you get a call out of the blue from someone you’ve been involved with in the past be careful. Remember that anything that you say can be played in Court before a jury of 12 people. Those people decide your fate ‘guilty’ or ‘not guilty’.

If you hear a rumour or suspect that someone is making an allegation about you be very careful. Contact an experienced Criminal Lawyer that specialises in sex offences. Contact Elizabeth McKinnon immediately. She will be able to guide you and provide you with the best legal advice to ensure you have the highest level of protection.

The penalties for sexual offending are high. The stigma of a finding of guilt, or even being charged with, a sexual offence can be severe and overwhelming. It is critical that you do everything you can to reduce the damage of this to you and your family.

If you have been charged with the offence of Sexual Assault, it is important that you contact Elizabeth as soon as possible to receive legal advice and representation.

The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.

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