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I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Rape and Other Sexual Offences Against Adults
Sexual offences in Queensland are governed by the Criminal Code Act 1899. They include rape, sexual assault and other offences. Most sexual offences against adults involve sexual acts that are non-consensual. The only sexual offence involving adults that does not involve a lack of consent is incest, which can be proven even if the act was consensual. The Act also contains sexual offences against children.
What is consent?
Consent is defined under section 348 of the Act as consent freely and voluntarily given by a person who has the cognitive capacity to give consent. A person does not validly consent if their consent was obtained:
- by force;
- through threats or intimidation;
- by threats or 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 victim’s sexual partner.
The most serious sexual offence against adults is the offence of rape, which is sometimes called sex without consent. Under section 349, rape is punishable by a maximum penalty of imprisonment for life. The act defines rape as:
- Penetration with or of another person without the person’s consent;
- Penetration of the vulva, vagina or anus of another person with a thing or a part of the accused’s body other than a penis without the other person’s consent;
- Penetration of the mouth of a person by the accused’s penis without the other person’s consent.
Unlike other Australian jurisdictions, in Queensland rape does not include the continuation of sexual intercourse where the complainant has initially consented to sex but subsequently withdrawn their consent or where the accused realises that the complainant is not consenting after intercourse has started.
Under section 352 of the Act it is an offence to:
- unlawfully and indecently assault another person; or
- procure another person to commit or to witness an act of gross indecency.
A sexual assault may consist of non-consensual sexual touching. It may also consist of unwanted sexualised speech, or a threat of unwanted sexual touching.
The maximum penalty for a sexual assault is 10 years imprisonment. A sexual assault is aggravated if it is committed while the offender is armed with a weapon or in company with a co-offender. Aggravated sexual assault carries a maximum penalty of imprisonment for life.
Under section 227 of the Act, an indecent act is a criminal offence if it is done in a public place or with the intent to insult or offend a person. This offence is punishable by up to two years imprisonment. Indecent acts include a person exposing their genitals in public or performing a sexual act in public.
Under Section 222 of the Criminal Code it is an offence to have sex with a person’s child, parent, sibling, grandparent, uncle, aunt, niece or nephew. Incest is punishable by up to 10 years imprisonment and unlike other sexual offences against adults, is an offence regardless of the consent of the person involved.
Which court will hear your matter?
The sexual offences of rape, incest and aggravated sexual assault are serious indictable offences and are heard in the District Court.
Indecent act matters are heard in the Magistrates Court as are charges of sexual assault unless the defendant or the prosecution elects for the matter to be dealt with by the District Court.
Reforms to sexual offences against adults
Prior to 1970, the definition of rape was limited to the rape of a woman by a man using his penis. This definition was broadened due to widespread recognition that other physical acts could amount to rape and that men could also be the victims of rape. Some voices in the community have been critical of the broadening of rape to include penetration by fingers or objects, saying that this trivialises rape and that it is not appropriate for these other acts to be placed in the same category as traditional rape.
The offence of incest is also sometimes criticised as being anachronistic, with some arguing that it has no place in a liberal democracy and that sex between consenting adult siblings should be legalised. Others maintain that incest, even where it is consensual, is abusive and unhealthy and should therefore not be sanctioned by law.
If you require legal advice in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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