Sexual Offences

Given the large number of types of charges and the very differing circumstances which may arise in each, it is not possible to generalise about what defences might be available and the elements the prosecution need to prove.

In most sexual offences, however, there are some common features including the lack of eye witnesses, so that trials for sexual and indecent assault upon adults and children tend to be “word against word” or “oath against oath”.

Child sex matters are also often very old, and your solicitors will discuss with you the prospect of asking the court to order that the matter not proceed if the case is too old, and you can demonstrate that it would not be fair to you to be expected to defend a case in

circumstances where evidence of alibi, for example, might be lost or a witness you would expect to assist you may have died.

Many clients would like us to introduce evidence or question the complainant about her (it is usually a her, but not always) previous sexual experience, to demonstrate perhaps that she was promiscuous, leading the defendant to believe that she would welcome his attentions. Legislation now largely forbids this line of questioning unless it is strictly relevant to an issue in the case or to credit. A formal application needs to be made. We have been successful in making such applications in many cases. It is permissible, however, to lead evidence of the complainant’s sexual relationship with the defendant, in the ACT.

There are many charges under this heading – here are some:

  • Sexual assault without consent (or “rape”)
  • Indecent assault
  • Using a child for production of pornography – making it, trading in it and being in possession of it
  • Sexual assault of a young person and maintaining a sexual relationship with a young person
  • Incest
  • Bestiality
  • Sexual servitude

Would you like to know more about the offences you have been charged with?

We have chosen the most common types of offences and give you a brief explanation of what is involved with each.

Please note that none of the following constitutes legal advice and is merely for general information only. For specific advice on your case, please ring 6279 4222 and make an appointment to see a solicitor.

 

If you have been charged with an offence, or are suspected of committing an offence, exercise your right to silence and immediately contact Ben Aulich & Associates.

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