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Sexual offences are serious indictable offences carrying severe penalties, including imprisonment. Sexual offence matters are complicated, and it takes an experienced sexual offence lawyer to navigate the pitfalls when being prosecuted for serious sexual offences.
Sex offences have been subject to many amendments concerning consent, penalties and criminal procedure. Victoria Police have specialised units to investigate allegations of sex crime, and the Courts have specialist lists to manage these matters.
Sexual offence trials can be very complicated, and an experienced sexual offence lawyer with a comprehensive knowledge of the procedural requirements is critical to successfully defend sex charges and navigate this complex area of law. See here for more information on the sex offence trial process.
Furthermore, those convicted of a sexual offence may become subject to mandatory reporting requirements and employment restrictions as registered sex offenders under the Sex Offenders Registration Act 2004. If you need advice about sex offender registration or whether you may be eligible for an exception order, please contact our sex offence lawyers or see our ‘sex offenders register‘ page for more information.
We don’t just talk the talk; we walk the walk. If you have been charged with or are due to be interviewed regarding a sex offence and need advice or representation from a criminal lawyer in the Melbourne CBD, please contact us immediately. If the Melbourne CBD does not suit, you can meet one of our legal team’s experienced sex offence lawyers to discuss your case at one of our various office locations.
Seeking legal assistance? Contact the amazing team at Dribbin & Brown Criminal Lawyers. We are experienced sexual assault offence lawyers and have office in most locations around Victoria.
You need to speak to a sex offences lawyer who:
In Victoria, sex offences are governed by the Crimes Act 1958 and encompass a range of criminal acts involving sexual conduct without consent or with a person unable to give consent. Examples include:
In Victoria, rape is defined as sexual penetration without consent. It is set out in section 38 of the Crimes Act 1958 and carries a maximum penalty of 25 years imprisonment, with a standard prison sentence of 10 years. Rape involves penetration of the vagina, anus, or mouth without consent.
Sexual assault charges in Victoria, as defined in section 40 of the Crimes Act 1958, pertain to intentional sexual intercourse or touching (without penetration) without consent. They carry a maximum penalty of 10 years imprisonment.
While the term “indecent assault” has been largely replaced by “sexual assault” in Victorian legislation, it historically referred to unwanted sexual contact that falls short of penetration.
In Victoria, consent is defined as free agreement under section 36 of the Crimes Act 1958. The age of consent in Victoria is 16 years old. However, a person aged 16 or 17 cannot validly consent to sex with a person in a position of authority over them, as outlined in section 49C of the Crimes Act 1958.
See here for more on the Age of Consent in Victoria.
Child abuse is a particularly serious category of sex offences in Victoria. The Crimes Act 1958 includes several specific offences related to the sexual abuse of children. These include sexual penetration of a child under 16, sexual penetration of a child under 12, and sexual assault of a child under 16. The maximum penalties for these offences are severe, with maximum sentences ranging from 10 years to life imprisonment, depending on the specific alleged offence and the age of the child.
Additionally, Victoria has introduced grooming offences to criminalise behaviour intended to facilitate the engagement of a child in sexual conduct. The law recognises that children cannot give consent to sexual intercourse or activities, and any sexual contact with a child is considered abuse, regardless of whether the child appears to have agreed.
It’s important to note that Victoria, like other Australian jurisdictions, has its own specific terminology and definitions for sexual offence charges.
For instance, what might be termed “sexual assault” in one state could be called “rape” in Victoria, depending on whether penetration occurred.
Understanding these distinctions is crucial for any sexual assault attorney and the general public to navigate this complex area of law and ensure proper protection and justice for victims of sexual offences in Victoria.
While we specialise in crime & traffic law at Dribbin & Brown Criminal Lawyers, we have extensive knowledge of and a proven track record representing people charged with a wide range of sex offences, including sexual assault, indecent assault and rape, amongst others.
We have a criminal law firm located in the Melbourne CBD, Broadmeadows, Ringwood, Dandenong, Frankston, Moorabbin, Geelong, Werribee, and Ballarat. We regularly appear at the Magistrates’, County, and Supreme Courts in all these localities.
The laws of evidence relating to the prosecution of sexual offence charges are very complicated, and, in many circumstances, strict time limits apply. Matters will often move quickly through the Court system.
The filing hearings and committal mentions are usually conducted in the Melbourne Magistrates Court in a special list convened to handle sex offence cases only. These matters will usually be heard on a Friday. No other offence is dealt with in this way.
If you have been charged with a sexual offence, you must obtain legal advice as soon as possible. We understand that these matters are embarrassing and often very personal, but more than any other criminal offence, it is essential to seek advice early from an experienced lawyer who regularly represents clients charged with sex offences.
We have defended hundreds of cases involving sex offences. If police want to interview you regarding a sexual offence, you must seek legal advice before participating in the record of interview.
Considering whether to comment on your record of interview is not something that you should work out on your own. How you approach your interview can have serious repercussions. This choice should only be made after seeking advice from a practitioner experienced in defending sex charges.
What you say during your interview can be used against you in court, and what you put on the record could be the difference between being found guilty and not guilty.
Remember, the police are not your friends in this instance. They have a job to do, and nine times out of ten, they will charge you regardless of what you say on your interview record.
For more information about handling police recorded interviews, please click here.
Here are some recently published and publicly available, hard-fought County Court decisions regarding serious sexual offending in which our clients did not go to gaol:
These cases relate to guilty pleas only, as the Courts do not publish not-guilty verdicts. It should be noted that we have won hundreds of sex offence trials in the County Court.
Sexual Assault is governed by section 40 the Crimes Act 1958 (Vic). It is defined as the intentional and sexual touching of another person without that person’s consent. Sexual assault is a serious offence and carries a maximum penalty of 10 years’ imprisonment. Sexual assault is a Class 4 offence per the Sex Offender Registration Act 2011 (Vic) which means it does not automatically attract mandatory sex offender reporting obligations. It is rather discretionary. The prosecution may make a sex offender reporting application upon a finding of guilt at court for the offence no later than 45 days of sentence being imposed. If the court grants the order, then the person becomes a registrable offender. If you are charged with sexual assault, there may be defences available. There may also be potential for the charge to be downgraded to Common Assault depending on the circumstances.
Sexual assault of a child is a serious criminal offence and carries a maximum term of 10 years’ imprisonment. It also has a standard sentence of four years. Sexual assault involves the sexual touching of a child under the age of 16. Irrespective of whether the child consented and voluntarily took park in the sexual act/touching, in Victoria, children under the age of 16 are unable to legally consent to sexual touching or any sexual activity with an adult. This offence differs from that of sexual assault as a person found guilty of sexual assault offending involving a child, will automatically be subject to the Sex Offender Registration obligations. A single charge of sexual assault of a child under the age of 16 years has a sex offender registration period of 8 years. There may be a defence to this charge, so it is important to speak with an experienced lawyer if you are charged with this offence.
Offences involving children carry serious legal consequences. Whether you have been charged with Possessing, Accessing, Producing or Distributing Child Abuse Material, they all carry the same legal consequence which is a maximum term of 10 years’ imprisonment. Child Abuse Material offences are Class 2 offences which means that if found guilty of the offence, you will be listed as a Registrable Offender and have reporting obligations under the Sex Offender Registration Act 2004 (Vic).
Rape is legally defined as a person who sexually penetrates another person without that person’s consent and where the person does not reasonably believe that the person consents to the penetration. The definition is contained in section 38 of the Crimes Act 1958 (Vic). The maximum penalty for rape is a term of imprisonment of 25 years. Rape is a serious indictable offence and therefore can only be heard in the County Court or Supreme Court of Victoria. A finding of guilt for this offence, whether by way of a plea or a jury verdict will ordinarily attract a term of imprisonment. This offence has a standard sentence of 10 years which means when the court is imposing the length of the custodial sentence, they must factor in the standard sentence for the offence as well as other relevant sentencing factors including the circumstances of the offence, the person’s prior history and any mitigating factors.
Consent is a free and voluntary agreement between willing participants to engage in any sexual act. Consent should never be assumed. People involved in a sexual act with each other should always engage in open and ongoing communication surrounding the topic of consent. It is imperative to seek consent for any ongoing sexual activity. Just because a person consents to one sexual act does not mean they automatically consent to another sexual act with that person. A person who had initially consented to a sexual act, may at any time before or during the sexual activity, withdraw consent. In Victoria, the legal age of consent is 16 years old. A child under the age of 16 cannot legally give consent to sexual activity with an adult and therefore sexual activity with an underage child will often result in criminal charges. Consent cannot be given by anyone who is; under the age of 16, intoxicated or incapacitated by drugs or alcohol, asleep or unconscious, being coerced/intimidated or threatened.
Sexual exposure is not an indictable offence; it is a summary offence governed by section 19 of the Summary Offences 1966 (Vic). It is defined as the deliberate sexual exposure of genitalia or private body parts in a public place. It is a criminal offence and carries a maximum penalty of two years imprisonment. This offence does not attract mandatory registration as a Sex Offender as per the Sex Offender Registration Act 2004 (Vic). However, if found guilty by virtue of a plea of guilty or at a hearing at court, a conviction may be recorded. This means that the offence will be recorded on your record and disclosable. This may have detrimental effects on your employment and travel.
If you are charged with a sex offence, it is important you engage an experienced lawyer to assist you as there may be defences available depending on the circumstances. One of the most common defences to sex offences is ‘consent’. That both parties freely and voluntarily expressed consent and partook in a sexual activity. If the sex offence involves a child, then consent is not a defence as in Victoria, legally children under the age of 16 are unable to consent to any sexual activity with an adult. However, if the child is between the ages of 12 and 15, they can legally consent to sexual activity with a person who is not more than two years older than them. Most sex offences are indictable offences and therefore have very serious legal consequences if found guilty, particularly if they involve children.
Yes, a sex offence will show up on your record. Sex offences are classified as serious offences and therefore will show up on a police check. Those convicted of sex offences may be subject to mandatory reporting obligations as per the Sex Offender Registration Act 2004 (Vic). Notwithstanding the Spent Convictions Legislation, even if a non-conviction disposition is imposed at court for a sex offence, it will remain on your record unless an application for a Spent Convictions Order is made to the Magistrates Court of Victoria. Section 8 of the Spent Convictions Act 2021 (Vic) states that convictions will become spent upon which the conviction period expires unless it is a serious conviction. Serious conviction is defined as a conviction for which a term of imprisonment of more than 30 months is imposed, a conviction for a sexual offence or a conviction for a serious violence offence.
Yes, you can. Although getting a diversion for a sex offence is very rare. It also depends heavily on the type of offending. Offences including sexual assault and sexual exposure are far more likely to resolve by way of a diversion as opposed to more serious sex offences. Having a diversion recommended by a police prosecutor often requires lengthy and extensive negotiations for minor sex offences. It is often the case where an experienced lawyer may also be able to have certain charges downgraded to less severe charges. For example, if a client is charged with sexual assault and the solicitor is successful in having the charge downgraded to a common assault charge, it may be easier to persuade the police prosecution for a diversion recommendation.
No, not all sex offences automatically lead to mandatory registration on the Sex Offenders Register in Victoria. A person can become a registrable sex offender in two ways. Either automatically, by being convicted of a registrable sex offence or following judicial discretion at court. An adult offender found guilty of a registrable sex offence, will automatically be placed on the Sex Offender Register. These include Class 1 and Class 2 offences contained in the Sex Offenders Registration Act 2004 (Vic). The length of time that a person may remain on the register is 8 years, 15 years or for life. The length of time is dependent on the nature of the sexual offence and the number of offences a person is charged with. Class 3 and 4 offences do not attract mandatory registration; it is rather discretionary. The prosecution may make an application to the court for a Sex Offender Registration Order for a person charged with a Class 3 or 4 offence. The court then has discretion as to whether to order that the offender be placed on the sex offender register depending on the circumstances of the case.
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