If you or someone you care about is facing a charge relating to sexual offences, we can help.
Being charged a sex crime can not only be stressful, but the effects and social stigma of a guilty conviction can follow you for the rest of your life. Making sure you get the right lawyers can be the difference between moving on with your life or spending years in prison.
With over a decades experience representing clients charged with a range of sex crimes, QCLS are solicitors you can count on. We know that clients can be arrested at any time and we are available at all hours day or night to take your call.
It’s important that whoever you choose, you contact a lawyer as soon as possible. DO NOT contact or answer any phone calls from the complainant.
It’s important that if you have been charged, that you speak to us before you speak to the police. The police can require you to provide your legal name, date of birth and address, but you are not required and should not answer any further questions.View All Areas
Charges of rape, incest and aggravated sexual assault are serious indictable offences and are heard in the District Court.
If the complainant was under 16 at the time, then a finding of guilt will require you to serve an actual term of imprisonment, unless exceptional circumstances apply.
In addition, some sexual offences may be classified as “Serious Violent Offences” (“SVO‘s), and if a declaration is made that you have committed an SVO, you will be mandated to serve at least 80% of your sentence before being eligible for Parole.
If you are not an Australian citizen, conviction of a sexual offence can put you at risk of deportation, and where you offence was against a child, the cancellation of your visa is generally automatic.
You should speak to a migration lawyer to find what consequences you may face following conviction of a sexual offence.
Consent is a common issue in crimes involving allegations of rape or other sexual offences.
Section 348 of the Criminal Code defines consent as consent freely and voluntarily given by a person with cognitive capacity to give consent. A person is taken not to have consented if their consent was obtained:
By threat or intimidation;
By fear of bodily harm;
By exercise of authority;
By false and fraudulent representations about the sexual act;
By a mistaken belief that the accused was the person’s sexual partner.
Importantly, the prosecution must be able to prove that the complainant did not consent to the physical contact. That is, it is not on the defence to prove that consent existed, but rather the prosecution to show that it did not.
You should ensure any evidence which could be used in support of the complainant’s consent is maintained. This could include text messages, or people who witnessed the interactions you had with the complainant prior to the alleged conduct.
If you have been charged, it’s important that you bring along any documents provided to you by the police, if you have been charged and are due to appear in court, you will usually have been provided a copy of your QP9.
We understand that the police ‘sometimes’ serve warrants at 2:00 am. If this happens, feel free to call our Patrick Earl on 0407 781 123.
For many people, being charged with a criminal offence will be one of the most stressful experiences they are likely to go through. If you have been charged with a crime or think you are about to be, it’s important you speak to us before you speak to the police. Seeking the right advice from a reputable firm is crucial to ensuring that your rights are protected and that you obtain the best outcome.
Our lawyers work exclusively in criminal law. We have represented clients from low level traffic offences up to drug trafficking and murder. If you have been charged with a criminal offence we can help.View All Areas