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Brisbane SEXUAL OFFENCE lawyers
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sexual offences
There are a range of sexual offences which carry terms of imprisonment although it is possible in less serious cases for fines and other penalties (which do not include imprisonment) to be imposed.
It may also be possible to mitigate the matter by seeking timely legal advice and formidable court representation so that your rights are protected from the outset and your side of the story is told.
Our Brisbane Criminal Lawyers are results driven with a reputation for delivering the best available outcomes for clients. Our experienced and highly-respected Criminal Defence Lawyers will ensure that you receive formidable legal representation.
Sexual assault is generally defined as any unwanted sexual or indecent act on another person but may also include forcing another to perform or witness an indecent act without their consent. Section 352 of the Criminal Code defines sexual assault where any person unlawfully and indecently assaults another person, or procures another person, without the person’s consent.
Queensland legislation includes both the traditional definition of a sexual assault, being a rape, but also refers to a wider range of unwanted assaults of a sexual nature which are defined as sexual assault.
The Law generally defines a rape as being where a person has carnal knowledge with or of the other person without the other person’s consent and the Criminal Code states that consent means consent given freely and voluntarily given by a person with the cognitive capacity to give the consent.
There are a range of defences available for sexual assault in Queensland which include intoxication (to a limited extent), mistake of fact, mistaken belief of consent, duress and “compulsion”.
The court is required to take in to account the nature of the offence, a defendant’s personal circumstances and any criminal history. Because of the serious penalties related to sexual assaults, most matters are dealt with in the District Court. Penalties can be broadly categorised into custodial or non-custodial options. Custodial penalties are those that impose imprisonment, whereas non-custodial sentencing options confer alternative orders including intensive correction orders and community-based orders.
Special rules also exist for dealing with the evidence of victims of sexual offences under applicable legislation. These rules regulate such matters as the admission of certain evidence in proceedings relating to sexual offences, the mode of taking evidence in such proceedings and to protect persons concerned in the commission of sexual offences from identification, special witnesses are given protections by the court when giving their evidence.
When you engage our Brisbane Criminal Lawyers you can be assured that we will provide you with a solid undertanding of your rights and provide criminal law advice which can be used to your advantage.
Sexual assault is generally defined as any unwanted sexual or indecent act on another person but may also include forcing another to perform or witness an indecent act without their consent. Section 352 of the Criminal Code defines sexual assault where any person unlawfully and indecently assaults another person, or procures another person, without the person’s consent.
Queensland legislation includes both the traditional definition of a sexual assault, being a rape, but also refers to a wider range of unwanted assaults of a sexual nature which are defined as sexual assault.
The Law generally defines a rape as being where a person has carnal knowledge with or of the other person without the other person’s consent and the Criminal Code states that consent means consent given freely and voluntarily given by a person with the cognitive capacity to give the consent.
There are a range of defences available for sexual assault in Queensland which include intoxication (to a limited extent), mistake of fact, mistaken belief of consent, duress and “compulsion”.
The court is required to take in to account the nature of the offence, a defendant’s personal circumstances and any criminal history. Because of the serious penalties related to sexual assaults, most matters are dealt with in the District Court. Penalties can be broadly categorised into custodial or non-custodial options. Custodial penalties are those that impose imprisonment, whereas non-custodial sentencing options confer alternative orders including intensive correction orders and community-based orders.
Special rules also exist for dealing with the evidence of victims of sexual offences under applicable legislation. These rules regulate such matters as the admission of certain evidence in proceedings relating to sexual offences, the mode of taking evidence in such proceedings and to protect persons concerned in the commission of sexual offences from identification, special witnesses are given protections by the court when giving their evidence.
When you engage our Brisbane Criminal Lawyers you can be assured that we will provide you with a solid undertanding of your rights and provide criminal law advice which can be used to your advantage.
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