Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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 in Victoria
In Victoria, the offence of rape carries a maximum penalty of 25 years imprisonment. It is contained in section 38 of the Crimes Act. Rape is a strictly indictable offence.
What Actions Might Constitute Rape?
There are four alternative ways that police can allege the offence of rape has been committed. These are:
- Intentionally sexually penetrating a person without their consent while being aware they are not consenting or might not be consenting, or not giving any thought to whether they are consenting;
- Failing to withdraw from sexual penetration after becoming aware the other person is not consenting or might not be consenting;
- Compelling a person to sexually penetrate you or another person;
- Compelling a person to continue sexually penetrating you or another person
Section 35 of the Crimes Act defines sexual penetration as the introduction, to any extent, by a person of either:
- Their penis into the vagina, anus or mouth of another person, whether or not there is an emission of semen; or
- An object or part of their body (other than the penis) into the vagina or anus of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes.
What the Police Must Prove
The most commonly prosecuted form of rape is an allegation that someone intentionally sexually penetrated a person without their consent. This requires the prosecution to prove beyond a reasonable doubt that the accused:
- Intentionally sexually penetrated a person;
- Without their consent; and
- At the time the sexual penetration took place the accused either:
- Was aware that the victim was not consenting or might not be consenting; OR
- Did not give any thought to whether the victim was not consenting or might not be consenting.
Possible Defence to rape
The only legal defence to a charge of rape is that the complainant consented to sex or that the accused believed on reasonable grounds that the person was consenting.
What Court will Hear this Matter?
The matter is an indictable offence only, meaning that it must be heard in the County Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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