BEST DEFENCE TO SEXUAL ASSAULT

If you have been charged with a sexual offence, the Criminal Law Centre can help. We are available 24/7 and have over 38 years of experience with 4,500 court appearances in dealing with sexual offence matters.

Don’t wait, contact us today.

Do you know sexual offences are considered to be very heinous offences in Australian Courts? They carry very serious penalties.

HOW SEXUAL OFFENCES ARE COMMITTED?

Generally, a sexual offence is committed if there was a sexual intercourse of a person with another person without the consent of the latter. Lack of consent is a very important element of sexual that must be proven in order to sustain conviction against the sexual offender. There can be no sexual offence if both persons voluntarily agreed to the sexual intercourse. Consent is present if a person voluntarily consents to the sexual intercourse. The problem arises if the sexual offender knows that the victim did not consent to the sexual intercourse failing to inquire recklessly as to whether or not the victim consents to the sexual intercourse or has no reasonable grounds of believing that the other person has consented to the sexual intercourse

A person is also considered by law as not having consented to sexual intercourse:

• If a person does not have the capacity to give consent to sexual intercourse
• If a person does not have the opportunity to give consent because the person is either unconscious or asleep; or
• If there was a threat of force or terror; or
• If a person was unlawfully detained even if a person consented to the sexual intercourse