Criminal Lawyers › Sexual Assault Charges
Sexual Assault Defence Lawyers — Serious Charges. Expert Defence.
Sexual assault charges are among the most serious in the criminal law — carrying lengthy maximum sentences, sex offender registration consequences, and profound personal impact. A properly funded, expertly prepared defence — from the moment of investigation through to trial — can make the difference between conviction and acquittal. Get connected with a specialist criminal defence lawyer immediately.
⚠ If you are under investigation or have been charged with a sexual offence, do not speak to police, contact the complainant, or post on social media before getting legal advice. These actions can significantly harm your case. Get specialist advice immediately.
What We Help With
Sexual offence charges — defence at every stage of the process.
Sexual offence charges require specialist criminal defence — from the investigation stage through to a contested trial in the District or Supreme Court. An experienced sexual assault defence lawyer prepares every aspect of the case from day one.
Sexual Assault / Rape
The most serious sexual offence — sexual intercourse without consent. Affirmative consent laws, the complainant's evidence, and the accused's belief in consent are the central issues in most matters.
Aggravated Sexual Assault
Where circumstances of aggravation apply — including use of a weapon, company of others, breaking and entering, infliction of grievous bodily harm, or the victim being under special care. Attracts maximum penalties of 20+ years.
Indecent Assault / Sexual Touching
Sexually touching another person without consent. These charges range from summary offences to serious indictable matters depending on the circumstances and jurisdiction.
Child Sexual Offences
Sexual offences involving children — including sexual assault, grooming, and possession or production of child abuse material — carry severe mandatory sentencing outcomes and sex offender registration in all states.
Historical Sexual Offences
Allegations relating to conduct decades in the past — where the accused must respond to the charge under the law as it stood at the time of the alleged offence. Evidence reliability and delay are key issues in historical matters.
Online Sexual Offences
Using a carriage service to transmit indecent material, grooming offences, and child exploitation material — prosecuted federally under the Criminal Code Act 1995 (Cth) with serious maximum penalties.
What the Law Says
Consent, affirmative consent laws, and the defence framework.
Sexual offence law has changed significantly — consent law reforms, the introduction of affirmative consent requirements, and specialist sex crimes courts have all affected how these matters are prosecuted and defended. Understanding the current legal landscape is essential.
Affirmative consent — what it means for the defence
NSW, Victoria, Queensland, and other states have introduced affirmative consent legislation — meaning consent cannot be assumed from silence, passivity, or prior conduct. The prosecution must prove the complainant did not consent and that the accused knew, was reckless to, or had no reasonable grounds to believe in consent. The defence must squarely address how the accused formed a belief in consent and why that belief was reasonable in all the circumstances.
The presumption of innocence applies fully
Sexual assault charges can be particularly difficult to defend because of the serious nature of the allegations and jury composition. However, the presumption of innocence and the beyond reasonable doubt standard apply equally to sexual offences. A strong defence case — including cross-examination of the complainant and other witnesses, evidence challenging the prosecution's narrative, and expert evidence where appropriate — is essential. Every accused person charged with a sexual offence is entitled to a complete and robust defence.
Tendency and coincidence evidence — a significant prosecution tool
In sexual offence trials, prosecution can apply to introduce evidence of other alleged sexual misconduct by the accused — under tendency and coincidence evidence provisions — to show that the accused has a tendency to act in a sexually aggressive or offending way. Challenging the admissibility of tendency evidence and limiting its scope is a critical trial skill. Specialist sexual assault defence lawyers have experience in running these evidentiary arguments.
Sex offender registration — a lifelong consequence
Conviction for most sexual offences results in automatic registration on the sex offenders register in each state — with registration periods typically ranging from 8 years to life. Registration obligations affect where you can live and work, require reporting to police, and prohibit contact with children in many cases. The registration consequences of a sexual offence conviction are often more practically significant than the sentence itself — and are a major factor in the decision to defend a charge at trial.
Historical sexual offences — unique challenges
Historical sexual offence allegations — often involving conduct alleged to have occurred decades ago — present specific evidentiary challenges for both the prosecution and the defence. Delay in reporting, memory reliability, the absence of contemporaneous evidence, and the complainant's motivation for reporting after many years are all matters that go to the reliability of the allegations. Specialist criminal lawyers identify and develop these arguments in the context of the specific evidence in each case.
Police interviews and forensic evidence — act immediately
If you are under investigation for a sexual offence, the steps taken before charge are critical. Exercise your right to silence in any police interview. Do not communicate with the complainant. Do not delete text messages, social media, or other communications — this can constitute evidence tampering. Preserve all communications that may support your account. A specialist defence lawyer can advise on preserving evidence, engaging forensic experts, and preparing a defence narrative before charges are formally laid.
How It Works
One request. Specialist sexual assault defence.
Tell us whether you are under investigation or charged, the state, and any urgency. A specialist criminal defence lawyer will contact you for a confidential consultation.
Submit Your RequestDescribe your situation
Tell us whether you are under investigation, have been charged, or have received a court summons. Include the state and any next court date.
Matched to a specialist lawyer
Your request is matched to a criminal lawyer with experience defending sexual offence matters — including contested trials, tendency evidence applications, and police interview advice.
Confidential consultation arranged
A specialist lawyer contacts you for a free, confidential consultation — advising on the investigation process, the prosecution case, and your options.
Common Questions
Sexual assault charges — frequently asked questions.
What does "affirmative consent" mean and how does it affect my case?
Affirmative consent laws require consent to be actively communicated — it cannot be assumed from silence, lack of resistance, or prior sexual history between the parties. In states with affirmative consent legislation, the accused must show they had reasonable grounds to believe the complainant consented, and that a positive expression of consent was given. A specialist lawyer analyses the evidence of consent communications — texts, messages, body language evidence — to build the strongest possible defence on this element.
Should I speak to police if they want to interview me about a sexual offence allegation?
No — not without legal advice. You have an absolute right to silence in any police interview. Anything you say in an interview can be used as evidence. Many people are charged based substantially on admissions made in police interviews — admissions they believed would help them or that they thought were harmless. Contact a criminal lawyer before agreeing to any interview and let the lawyer advise on whether participation serves your interests.
Can I be convicted based only on the complainant's evidence?
Yes — in Australian criminal law there is no requirement for corroboration of a sexual assault complainant's evidence (corroboration warnings have been abolished in most states). A jury can convict based solely on the complainant's account, assessed against the beyond reasonable doubt standard. This makes the credibility and reliability of the complainant's evidence — and effective cross-examination by the defence — central to the trial. An experienced sexual assault defence lawyer tests the complainant's evidence systematically and professionally.