Legal Guidance When Facing Sexual Offence Allegation in Australia

What to Do If You Are Facing a Sexual Offence Allegation in Australia?

Legal Guidance and Common Misunderstandings

Being accused of a sexual offence in Australia is a serious matter that can significantly impact your life, reputation, and future. At Brightstone Defence, we provide discreet, experienced legal representation to help you respond appropriately and protect your rights from the beginning.

Understanding Sexual Offence Charges in Australia

Sexual offences include a wide range of criminal charges involving non-consensual sexual behaviour. These charges are treated with the utmost seriousness under Australian criminal law. Common charges include:

• Sexual Touching
• Aggravated Sexual Touching
• Sexual Act
• Aggravated Sexual Act
• Indecent Assault
• Aggravated Indecent Assault
• Sexual Intercourse Without Consent (also referred to as a serious sexual offence)
• Aggravated Sexual Offence
• Sexual Offence Involving Multiple People
• Observing, Recording, or Sharing Intimate Acts or Images Without Consent

Important: A lack of physical resistance or visible injury does not mean consent was given. Consent must be clearly expressed and freely given.

When Is Consent Not Recognised?

Under Australian law, sexual consent must be clear, voluntary, informed, and continuous. Consent is not valid if:

• The person is significantly affected by alcohol or drugs
• The person is asleep, unconscious, or unaware of the act
• The person lacks the capacity to make decisions due to age or cognitive disability
• The person is threatened, coerced, or pressured
• Consent is obtained through dishonesty or deception

Consent can be withdrawn at any time. Continuing an act after consent has been withdrawn can be considered a criminal offence. Consent is required in all situations, including within committed relationships or marriage.

At Brightstone Defence, we guide our clients to fully understand their legal rights and responsibilities regarding consent under Australian law.

What Should You Do If You Are Accused?

1. Stay Calm and Avoid Public Discussion
   Do not discuss the matter with friends, family, or online. Anything you say can potentially be used as evidence.
2. Contact a Criminal Defence Lawyer Immediately
   Sexual offence cases are complex and often emotionally charged. Engaging a defence lawyer early ensures your legal rights are protected, and your next steps are properly managed.
3. Do Not Attend a Police Interview Without a Lawyer
   You are not required to answer police questions without legal advice. You have the right to remain silent. Always consult with your lawyer before making any statement to authorities.

Potential Penalties for Sexual Offences

Penalties depend on the nature and severity of the allegation. Common sentencing outcomes may include:

• Sexual Intercourse Without Consent: Up to life imprisonment in some states
• Sexual Assault Offences: Up to 10 years imprisonment, with aggravated charges attracting longer sentences
• Use of weapons or group involvement: Sentences may increase significantly

Being found guilty can also lead to lifelong consequences including registration on a sex offender database and restrictions on employment and travel.

Common Misunderstandings About Sexual Consent

Misunderstandings about sexual consent can lead to legal risk. Below are common myths:

🚫 “If someone didn’t say no, then it’s not a crime.”
‍✅ Incorrect. Consent must be clearly given – silence is not consent.

🚫 “If both people were drinking, it can’t be an offence.”
✅ Incorrect. If one person is too intoxicated to consent, a sexual offence may have occurred.

🚫 “Consent is assumed in relationships or marriage.”
✅ Incorrect. Consent must be given freely every time, regardless of the relationship.

🚫 “If someone agrees at first, it means they agreed to everything.”
✅ Incorrect. Consent can be withdrawn at any stage.

🚫 “If I paid for a service, I can’t be accused.”
✅ Incorrect. Consent must be respected at all times. Violating agreed boundaries can still result in a charge.

How to Protect Yourself During an Investigation

• Keep all relevant evidence: Save text messages, emails, and details of potential witnesses
• Do not contact the other party: Direct contact may negatively affect your case
• Follow your lawyer’s instructions: Do not act independently or make assumptions about your legal position

‍

Frequently Asked Questions (FAQ)

• ‍What if I believe the encounter was consensual?
  Legal definitions of consent are strict. If there is any doubt or misunderstanding, you must seek legal advice immediately.

• ‍Can I be charged even if no physical force was used?
  Yes. Consent must be clear and freely given. Lack of physical resistance does not imply consent.‍

• Should I talk to the police if I know I am innocent?
  ‍Always speak with a lawyer first. Anything you say, even with good intentions, may be used against you.

‍

Take Allegations Seriously, Act Immediately

Allegations of a sexual offence are serious and demand a careful, informed response. Australian law requires that consent be voluntary, informed, and continuous. At Brightstone Defence, we provide confidential, strategic legal support to protect your rights and future.

If you are facing a sexual offence allegation, contact Brightstone Defence for confidential legal advice and strong representation.