Updated 1 Jan 2021
Have you been accused of a Sexual Offence? Contact Proctor & Associates immediately – before any interviews with the Police and receive important legal advice from an experienced sexual assault lawyer.
Acts involving allegations of sexual impropriety, are probably the easiest for a person to make and the hardest for an accused person to disprove.
We all recall hearing, in the Parliament of our country, a Prime Minister accusing the leader of the opposition as being a “misogynist and sexist”. Whilst such allegations were undoubtedly asserted for political advantage, such comments can prove deeply hurtful and cause a person to be branded as such, whether or not it is true.
The same can arise with allegations of sexual misconduct. How does one disprove such? It is not uncommon to hear complaints brought alleging offences going back 20, 30 or even 40 years. How do you defend such assertions? You only have your word denying such and perhaps your good character.
If a complaint is made immediately, or shortly after it is alleged to have happened, then you will undoubtedly be in a better position to know where you were at the time; whether you were in fact at a particular place; and whether there might be witnesses who can support what you were doing. DNA or other forensic evidence might be able to be produced to show that you are not guilty of the allegation. Not so with historic allegations or even allegations made recently but with some delay.
In recent times, and over the years, we at Proctor & Associates have appeared in numerous cases involving sexual assault allegations. We have often defended these cases successfully including three clients in separate and unrelated jury trials early in 2014.
Allegations by young persons can often be influenced by a disaffected mother who wants to get back at her partner. Family law proceedings involving property settlements or custody issues are often clouded with all sorts of allegations, and sadly almost always succeed as intended, whether true or not.
We have recently been involved in a case where “financial compensation” has been the motivating factor to propagate lies against an accused person. What better motive to lie than monetary gain? Unfortunately, the way compensation legislation is structured, complainants are assured of a substantial windfall whether a charge against another is successful or not.
You may be in the unenviable position of having allegations made against you alleging sexual impropriety. It is important to contact a Solicitor immediately so that, if you are asserting that you are not guilty, your defence team can immediately go into action to prepare for your defence.
Every case involving sexual assault has to be looked at on its own set of facts. Some of these allegations will be true and sadly from past experience in dealing with these types of matters, some will be false. You will rarely see any publicity about false allegations, even where complainants have admitted to having lied or have been found to have lied, from irrefutable evidence.
Historical sexual assault claims are very hard to disprove and often it comes down to oath against oath. Generally there is no independent evidence other than the allegation. How do you defend such?
You need experienced lawyers who know how to deal with such cases and ensure that the preparation and carriage of your case gives you the best chance of successfully defending such allegations. Contact Proctor & Associates to maximize your chance of success.
Sexual offences are treated by the Courts as extremely serious and ordinarily anyone convicted of a sexual assault offence, barring exceptional circumstances, will be sentenced to a term of imprisonment. Some classes of the sexual assault offences carry very lengthy standard non-parole periods.
The criminal law in relation to sexual offences has developed in recent years in favour of the complainant. Most of this development has been aimed at making it easier to prosecute and convict persons accused of such offences. Longstanding protections to an accused person, guarding against a possible miscarriage of justice have largely disappeared. These amendments have greatly increased the chance of innocent persons being unjustly convicted.
Indeed, can you imagine an accused person being tried for any offence (other than a sexual offence) where the sole witness to the alleged offences comes forward years later.
The rules of evidence in sexual assault proceedings (see Chapter 6 – Part 5 Criminal Procedure Act) have also developed in recent years with the aim at making it easier for complainants to give evidence AND to convict persons accused of such offences. There are now special rules applicable to the admissibility of evidence in sexual assault proceedings.
It is not uncommon that the only evidence upon which a person can be convicted of a sexual assault offence comes from the complainant. With the developments in the law as to admissibility of evidence and a sympathetic media, many innocent people are now being convicted of serious criminal offences of sexual assault at an increasing rate.
You may well be innocent of charges against you, yet be convicted anyway. At Proctor & Associates we are of the opinion that there are more innocent people in prison for sexual offences than for any other type of offence. That is why we ensure that no stone is left unturned in preparing your defence case.