Sex Offences
Sexual offences carry severe penalties and have significant consequences on you and your family if proved, but Leeds Lawyers are here to assist you through this complicated process.
Defending You
Being charged with sexual offences can feel overwhelming, and we understand that allegations of sexual offences are sensitive and may challenge your integrity. We want all of our clients to know that their rights and reputation are staunchly defended by our team.
- We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
- Following thorough legal advice regarding the charge, weaknesses of the prosecution case against you and your available defence you may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply.
- If you agree to the necessary elements of offence but not the alleged Police Facts Sheet, you have the option of proceeding to a disputed facts hearing. Police Facts Sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
- If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.
- Indecent Assault
- Sexual Assault
- Aggravated Indecent Assault
- Sexual Touching
- Rape
- Attempted Rape
- Historic Sexual offences
- Up Skirting
- Acts of Indecency
- Pornography Offences
- Possession of Child Abuse Material
- Transmission of Indecent Communications
- Use of Carriage Service
- Grooming or Procuring Offences
- Sexual Servitude
- Obscene or Wilful Exposure
- Breaching Obligations Pursuant to the Sex Offenders Register
- Failing to Report Child Abuse to the Police
The onus is on the prosecution to prove the elements of each offence beyond reasonable doubt.
This is a complex area of the law which is subject to continual legislative changes. The Royal Commission, new technology and the influx of recent disclosures of historic sexual offences has resulted in a significant rise in prosecutions.
The two most common defences relied upon are that the alleged offence did not occur or that the sexual act was consensual on the basis that the complainant was capable of giving consent.
If you are successfully found not guilty, no penalty applies.
Sexual offences are punishable by a sentence of imprisonment of up to 14 years depending on the objective seriousness and circumstances of the offence. Each specific offence carries its own penalties. Important points for the Court to consider include:
- Whether the offender was in a position of trust;
- Where the offences occurred;
- The age of the victim;
- How long the offences occurred for or if they are a single event;
- Whether grooming or threats of violence was a factor;
- Whether the victim has a cognitive impairment.
If a particular offence is listed prescribed sexual offence, the court cannot impose an Intensive Corrections Order.
If you have been charged, we recommend you contact us immediately. We appreciate the sensitive nature of the charges and all discussions are strictly confidential.
Upon conviction, the Court may impose the following penalties:
- Conditional release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non-parole period.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need a Lawyer?
Facing sexual offences can put you under a significant amount of stress and anxiety. Leeds Lawyers will help you understand the ramifications of a criminal conviction or the possible penalties. We will work with you to get the best result with the least possible impact on your life. Our principal solicitor, Mark Kryakos, has helped many clients through this same process before, so you can trust our experience and guidance.
Family Law
