Sydney Sexual Assault Lawyers

Sexual assault has a specific legal definition in NSW. Sexual offences, more broadly, refer to many different kinds of offences that might be sexual in nature. 

Sexual assault is an offence under S61J of the Crimes Act NSW which involves sexual intercourse without consent. Sexual intercourse is defined under the law to include:

(a) the penetration to any extent of the genitalia or anus of a person by—

(i) any part of the body of another person, or

(ii) any object manipulated by another person, or

(b) the introduction of any part of the genitalia of a person into the mouth of another person, or

(c) the application of the mouth or tongue to the female genitalia, or

(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).

There are many other kinds of sexual offences which can involve different kinds of conduct. This includes:

• Indecent Assault;
• Sexual touching;
• Sexual Acts;
• Sexual offences involving children;
• Persistent sexual abuse; and
• Grooming. 

When you consult criminal solicitors or sexual assault lawyers, they can clarify how the law applies to your specific circumstances and explain the elements that the prosecution needs to be able to prove for the specific offence that you have been charged with.

Part of sexual assault lawyers’ job is to advise you about the evidence in the prosecution brief. Each case is completely different, as is the evidence the prosecution might rely on. 

It is not uncommon for sexual assault matters to primarily rely on a statement from the complainant with allegations that something has happened. Because of the nature of sexual assault matters, there are rarely other independent witnesses or other objective evidence (like CCTV or even medical evidence). 

This is not unusual and will not automatically mean that they will be unable to prove the charges. Many persons are prosecuted for sexual assault allegations based solely on the evidence of a complainant, and there is nothing inherently unreliable or untoward about the prosecution doing so.

Pre-text calls and common investigation tactics can play major roles in the outcome of the case.

Pre-text calls are calls where the complainant, at the guidance of the police, will ask the accused about the alleged event to elicit an admission. This is a common tactic used by the police to confirm guilt and to be used as evidence. 

Sexual assault lawyers will be able to provide you with advice about the prosecution evidence and any issues that may arise, as well as anything that should be prepared or examined as part of a defence case. It’s the same attention to detail that you’ll encounter with drink driving lawyers and other criminal defence services. 

Yes, allegations can arise even without physical evidence, and it is actually rather uncommon for there to be physical evidence relied on in a prosecution. 

People who are sexually assaulted do not always complain immediately of a sexual assault, for a variety of reasons, and as a consequence, there is not always medical evidence available. 

Medical examinations would normally need to take place very close to the time of the alleged assault in order for there to be potential for it to reveal anything relevant. Depending on the nature of the alleged assault, there might not even be any chance that a medical examination could reveal anything relevant anyway. 

The absence of medical evidence doesn’t automatically mean that the case against you will fail. Someone getting into a witness box and describing what happened to them is evidence that is capable, by itself, of proving the charge. 

The court doesn’t require physical evidence to make a decision. They focus on whether the prosecution can prove each legal element of the offence. All admissible evidence is weighed with this standard in mind.

Inconsistencies in evidence might point to issues with the credibility or reliability of a particular witness’s evidence. This is particularly so if there is objective evidence (i.e. text messages or CCTV footage) that contradicts the evidence of a witness. 

It is important to note the difference between credibility and reliability. The former relates to an issue of whether the witness is actually telling the truth (i.e. have they lied about something on purpose). The latter relates to something that they might have genuinely believed to be true but still be mistaken about.

It can often be very difficult to establish that a witness is outright lying, as opposed to just being mistaken. Being mistaken might well be enough in any event for a jury to have a doubt about the accuracy of that witness’s evidence, whatever the reason might be. 

There are particular directions that a Court can give to a Jury in circumstances where there is evidence that is “missing” or not obtained by the prosecution in some circumstances, but this is not automatic, and it depends. A competent criminal lawyer will be able to advise you on this and what directions might be available to be given to a jury as part of the case as a consequence.

Explaining your side too early carries significant risks, especially when you are feeling pressured or misunderstood during a high-stress interaction. Many people speak up, thinking they can clear their name, but sexual assault lawyers help you understand whether participating in an interview is even a good idea by providing legal assistance before a police interview.

Generally speaking, if police are at the stage of an investigation where they want to conduct an interview with you, there is already a very high likelihood that you will be charged, regardless of what you say to the police. 

If you deny any wrongdoing in an interview, that will not stop the police from charging you. Police interview suspects for the sole purpose of attempting to elicit information that will assist them in their prosecution against you. 

During an interview, you will usually be asked questions before you are told about the actual allegations. There is a real risk in answering questions in this context. 

Engaging dedicated sexual assault lawyers ensures you understand that while an early explanation might sound like a good idea, it often isn’t.

The other important thing to note is that if you decline to participate in an interview, it doesn’t mean that you have lost your chance to provide a version. A version can be provided to police at any point in time, should that be something that is advisable and recommended by your legal team. 

Consulting a solicitor first for police interview advice is still best practice.

Your case won’t necessarily remain in the same court. In Australia, sexual assault cases often start in a lower court before they’re transferred to a higher court and proceed further.

For instance, in New South Wales, all sexual assault cases commence in the Local Court. They will later be committed to the District Court for trial or sentencing. Knowing this process with the help of sexual assault lawyers allows you to set expectations and prepare for the legal journey ahead. 

And just like when dealing with an apprehended violence order, securing high-quality court representation ensures your interests are safeguarded across jurisdictions.