How can a lawyer assist with a defence in a sexual assault or sexual touching matters in NSW?

When facing sexual allegations in New South Wales, immediately consulting an experienced criminal defence lawyer becomes crucial. Such a lawyer offers guidance and representation during the entire legal ordeal, starting from your first interaction with the police to potential court appearances.

Here’s how a competent lawyer can actively support your defence against sexual allegations in NSW:

How can a lawyer assist....Police Station Assistance

Upon arrest, you possess the right to remain silent. Although you might feel the urge to immediately defend yourself, a lawyer can advise whether you should exercise this right.

Clarifying Charges

Your lawyer will break down the charges against you, elucidating the specifics of sexual assault laws and potential consequences if found guilty.

Evidence Collection

With the aim of bolstering your defence, your lawyer will amass evidence. This might encompass witness testimonies, diary notes, photos or videos, medical assessments, and forensic findings. Additionally, if any evidence surfaces unlawfully or infringes upon your rights, your lawyer can contest its validity.

Legal Counsel

Lawyers shed light on the options available, such as pleading guilty or not guilty, and the repercussions of both. They can also pinpoint defences like lack of consent or cases of mistaken identity.

Court Representation

In court, your lawyer serves as your voice. They’ll cross-examine witnesses, contest the prosecution’s evidence, and submit evidence supporting your case. If you opt not to have representation, you won’t be able to cross-examine a complainant. Instead, the court assigns someone for this task.

Prosecution Negotiations

Lawyers can also engage in discussions with the prosecution. The objective? To potentially reduce charges, dismiss them, or arrange a plea deal with more lenient sentencing.

Upholding Your Rights

Throughout the legal process, your lawyer ensures the protection of your rights. This includes upholding your right to silence and ensuring a fair trial. Furthermore, they can highlight the potential fallout of a conviction on facets of your life like employment and residency.

Choosing a lawyer seasoned in handling sexual assault cases is pivotal, given the intricacies and intense emotions these cases entail. You need a professional well-versed in the law and committed to safeguarding your rights and interests.

To sum it up, a lawyer’s role in defending against a sexual assault charge in NSW is indispensable. If facing such charges, securing legal representation promptly remains paramount for your defence.

Next Steps

Should you have concerns about sexual assault matters, reach out to Peter Proctor of Proctor & Associates at 02 9687 3777 or email him at peter@proctorlaw.com.au for advice or to schedule a consultation.

Sexual Assault FAQs

What is the definition of sexual assault?

Sexual assault is where a person has sexual intercourse with another person without their consent. The person must know that the other person doesn’t consent, or is reckless as to whether the other person consents or not. Sexual intercourse has a broad definition. (see S.61HA Crimes Act NSW)

How do you defend sexual assault charges?

Defending a charge of sexual assault or sexual touching is difficult but will depend upon the allegation; whether in fact it took place or if something did take place, whether consent was given. If you are charged with a sexual assault offence, you should contact an experienced lawyer who will give you advice in respect of the charge and the best way to approach the allegation against you.

What does sexually touching mean?

Sexual touching involves intent and circumstance. It occurs by way of deliberate touching by a person with any part of the body, or anything else, to the person of another in circumstances where a reasonable person would consider the touching to be sexual. Touching the private parts of a person would be sexual (see s.61HB of Crimes Act NSW).

Is groping a crime in Australia?

Yes. To grope the person of another could constitute “sexual touching” which is a crime in New South Wales. It would however depend upon what part of the body is touched and the circumstances of the touching.

What is classed as inappropriate touching?

Inappropriate touching is generally based on community standards of conduct which falls short of what a reasonable person would accept as acceptable behaviour.

What is an example of inappropriate touch?

Slapping or pinching a woman on the buttocks, rubbing your body against another person would be examples of inappropriate touching and for which you could be charged with an offence of “sexually touching” the person of another.

What is the penalty for sexual assault in NSW?

The penalty depends upon the charge that a person is found guilty of. Sexual Assault of an adult in New South Wales carries a maximum penalty of 14 years imprisonment. However, there are other degrees of seriousness (eg. Aggravated, in company, under the age of 16 years, under the age of 10 years) which carry far higher penalties and as high as life imprisonment in the case of sexual assault to a child under 10 years of age.

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