Facing A Sex Offence Allegation? Speak To Our Experienced Lawyers Confidentially Today
A sex offence accusation can destroy a reputation before a single fact has been tested in court. That is why getting experienced, confidential legal advice immediately, before making any statement and before speaking to police, is critical.
Josh Smith Legal has extensive experience defending clients against a wide range of sexual offence charges. We approach every case with thoroughness, discretion, and a determination to achieve the best possible outcome.
Charges We Defend
| Offence | Maximum penalty (Victoria) |
|---|---|
| Rape | Up to 25 years imprisonment |
| Sexual assault | Up to 10 years imprisonment |
| Sexual penetration of a child under 12 | Up to 25 years imprisonment |
| Sexual penetration of a child under 16 | Up to 15 years imprisonment for the basic offence |
| Sexual assault of a child under 16 | Up to 10 years imprisonment |
| Child abuse material, production or distribution | Up to 10 years imprisonment |
| Child abuse material, possession | Up to 10 years imprisonment |
We also defend grooming offences, voyeurism, non-consensual sharing of intimate images, and historical sex offences. These offences and their maximum penalties are set out in the Crimes Act 1958.
Where the alleged conduct took place years ago, the offence names, the elements the prosecution has to prove and the penalties can all be those that applied at the time, not the current ones. This can change the charge, the defences available and the maximum penalty, either way, so working out the law that applied at the time is one of the first things we check.
The Legal Standard
For the offence itself, the prosecution must prove every element beyond reasonable doubt, and you do not have to prove your innocence. Some separate issues, such as mental impairment, are governed by their own statutory rules and can carry their own burden.
Allegations are sometimes exaggerated or false. An experienced criminal lawyer scrutinises the evidence for inconsistencies and weaknesses, and presents them effectively to the jury or magistrate.
How These Cases Are Defended
- Consent
- A reasonable belief that the other person consented
- Identification, where the accused is not the person who committed the act
- False allegation, where the allegation is fabricated or exaggerated
- Mental impairment
Consent is worth stopping on, because the law here has changed and a lot of what’s online is now wrong. Victoria has affirmative consent laws. Believing the other person consented generally won’t count as reasonable unless you said or did something to check. There are a few narrow exceptions written into the law, including some situations involving mental illness or cognitive impairment. Consent and a reasonable belief in consent mainly matter for offences involving adults. Child sex offences work differently, with their own age, relationship and statutory rules.
We conduct thorough pre-trial preparation: reviewing all evidence, obtaining expert opinions, and developing effective cross-examination strategies well before a word is said in court.
Accused But Not Yet Charged?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Act Quickly
If you’ve been accused of a sex offence, even if you haven’t yet been charged, getting legal advice immediately is critical. Police interviews, forensic procedures, and early decisions can significantly affect your outcome.
Call Josh Smith Legal immediately on 03 8658 5872. This call is treated confidentially.
Why Choose Josh Smith Legal?
We handle sex offence matters with the experience, preparation and discretion they demand. Here’s what sets us apart.
-
Experienced, Discreet Representation
Communications with Josh Smith Legal made to obtain legal advice are generally protected by legal professional privilege. We handle these cases with discretion and the thoroughness that serious charges require.
-
Thorough Pre-Trial Preparation
We review every piece of prosecution evidence, engage forensic experts where needed, and develop a detailed defence strategy well before the matter reaches a courtroom. Our 4.9-star rating from over 200 Google reviews.
-
Experienced Across All Types Of Sexual Offence Charges
From indecent assault through to rape, child sex offences and historical matters, we’ve defended clients at every level and in every court. We know how these cases are prosecuted and how to challenge the evidence.
-
Access To Victoria’s Leading Barristers & King’s Counsel
Matters of this seriousness often warrant senior counsel. Josh personally briefs some of Australia’s most highly regarded KCs and barristers when your case demands it, rather than running everything in-house.
-
Free Confidential Case Evaluation
Call us and we’ll explain exactly where you stand, what your options are, and how we can help. Your enquiry is treated confidentially. No obligation.
Facing A Historical Allegation?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Accused Of A Sex Offence? Let Us Help You Get The Best Possible Outcome
The penalties for sex offences in Victoria are among the most severe in criminal law, and the consequences of a conviction extend well beyond imprisonment.
We approach every case with the seriousness, preparation and discretion it demands. Call us immediately. The earlier we’re involved, the more we can do. If you have already been convicted and want the result reviewed, see our criminal appeals lawyers.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
What should I do if I’ve been accused but not yet charged?
Contact us immediately. Police may want to interview you as a suspect, and getting advice before that interview is critical. The wrong approach at that stage can significantly harm your case. We advise on whether to attend, what to say, and how to protect yourself.
Do I have to provide a DNA sample?
Police have powers to request, and in some circumstances compel, forensic procedures including DNA samples. The rules are complex. Do not agree to any forensic procedure without speaking to a lawyer first.
My case involves historical allegations. Does that affect my defence?
Historical cases carry specific challenges and specific advantages. Evidence may be lost, memories may be unreliable, and corroboration may be absent. We have experience with historical allegations and know how to challenge them effectively.
Will my name be published in the media?
Courts can make suppression orders to protect the identity of an accused person in certain circumstances, and we can make that application. The complainant’s identity is protected by law.
This page is general information about sexual offence law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
