Sexual assault cases are treated very seriously and can occur anywhere, from the workplace to households. When you are charged with a sexual assault offence, consider getting criminal defence lawyers to represent your side of the story in a court of law.
In general terms, sexual assault involves the intentional touching of another person in a sexual way without their consent. This includes forms of sexual touching that do not involve penetration.
A person who commits sexual assault can be sentenced to 10 years. To secure a conviction, the prosecution must prove a number of elements beyond reasonable doubt. It is important to know that Victoria's laws in this area were significantly updated in 2023, particularly around consent, so the general outline below is no substitute for specific legal advice about your own situation.
The Touch Must Have Been Intentional
The touch must have been a conscious, deliberate act. The contact can even be indirect, like in the following instances:
- Through clothing;
- Through an object; or
- Causing another person or animal to touch the complainant;
Any touch will satisfy this element. The contact can be done through any part of the body.
The Touch Was Sexual in Nature
The law provides some guidance for a touch that is sexual - such as;
- If the complainant is touched on their buttocks, breasts, genital or anal region;
- The contact can also be sexual if the person doing the touching gets some sort of sexual gratification from the act;
- Circumstances surrounding the touch are also taken into account;
If you are unsure whether a touch was sexual, contact a criminal defence lawyer to give you the guidance you need.
Consent Under Victoria's Updated Laws
The prosecution must also prove matters relating to consent, including that the complainant did not consent and questions about what the accused believed at the time. This is the area of the law that has changed the most. In 2023 Victoria moved to an affirmative consent model, which changed how consent and an accused person's belief in consent are assessed by the courts. Because the current rules are detailed and depend heavily on the facts of each case, we will not attempt to set them out here. If you are facing an allegation, do not rely on general summaries or older articles about how consent used to be defined. Speak to a lawyer who can explain how the updated law applies to your specific circumstances.
Age also matters. Where a complainant is under a certain age, consent is treated very differently, and it is worth reading our guide on the age of consent in Victoria to understand why these cases are approached separately.
The Exception to Sexual Assault
Specific procedures require touching a sexual area for medical or hygienic purposes. This will not be sexual assault if done in good faith.
What Happens After a Report Is Made
Understanding the process can reduce some of the fear that comes with an allegation. In broad terms, once a report is made, police will investigate. That can involve taking statements, gathering messages and other records, and inviting the accused person to attend a recorded interview. You are generally entitled to get legal advice before that interview, and you should. What you say, or choose not to say, at that early stage can shape the entire case.
If police believe there is enough evidence, they may lay charges. The matter then moves into the court system, usually beginning with an early administrative hearing before progressing through further stages that depend on the seriousness of the charge and how the case is to be resolved. Many cases take months to work through this process, which is another reason to have experienced representation from the start.
Do Not Contact the Complainant
One of the most common and damaging mistakes an accused person can make is reaching out to the complainant to explain, apologise or ask them to withdraw the complaint. Any contact, even through friends or family, can be treated as an attempt to interfere with a witness and can lead to further charges or the loss of bail. It is also important to understand that in Victoria the decision to continue a prosecution rests with the police and prosecutors, not the complainant. Our article on how assault charges are withdrawn explains why a complainant cannot simply drop the charges themselves.
Bail and Conditions While the Case Is Ongoing
Depending on the circumstances, a person charged with a sexual offence may be released on bail with conditions attached. These commonly include things like living at a particular address, reporting to a police station, not contacting the complainant or certain witnesses, and not attending particular places. Breaching a condition is a serious matter in its own right. A lawyer can help you seek workable conditions and make sure you understand exactly what they require of you.
The Impact on Work and Family
An allegation of this kind affects far more than the court case. People often worry about their employment, professional registration, working with children checks, family law matters and relationships with those around them. These pressures are real, and a lawyer who regularly handles these cases can help you manage the practical consequences while the criminal matter is resolved, not just the charge itself.
Why Early, Specialised Advice Matters
Sexual offence allegations are prosecuted firmly, and the law is technical and has recently changed. Early advice from sex offence lawyers in Melbourne means your response to police, your bail position and your defence strategy are handled properly from day one. The same principle applies across serious criminal matters generally. As we explain in our article on the benefits of a criminal defence lawyer for violent behaviour charges, the earlier a specialist is involved, the more options are usually available.
Every accused person is presumed innocent until proven guilty and has the right to test the case against them. That right in no way diminishes the seriousness of these allegations for complainants. It simply means the process must be fair.
Criminal Defence Lawyers Can Help
If you have been charged with, or questioned about, sexual assault, you may need to consult with an experienced criminal defence lawyer. These professionals have the knowledge and experience to help you understand your rights and work towards the best available outcome in your case.
