How to Beat A Sexual Assault Charge

If you are charged with a sexual offence, this most likely has come as a surprise to you. You most likely thought something like this would never happen to you. Unfortunately, it happens to many innocent people. Why, no-one knows but the complainants who make the false allegations. You may feel, or at the least the police will probably make you feel you have no chance in beating the charge. Well, we are here to tell you they are wrong. We have represented many innocent people successfully at trial who have been found not guilty of sexual offences. You too can be one of these persons.


Our Criminal Lawyers Are Experts in Sexual Offence Cases

Our lawyers are expert criminal lawyers who have represented, and represent persons charged with sexual offences. Our lawyers do not dibble and dabble in criminal law, they consistently represent clients charged with sexual offences. What this means for you if you are charged with a sexual offence is you can have confidence in the lawyer representing you. This isn’t your lawyer’s first rodeo- they have represented many clients who have gone to trial for sexual offences.


We Thoroughly Prepare Your Case

When dealing with a sexual offence, like any criminal offence, preparation is the key. Our lawyers ensure they have a thorough understanding of the prosecution’s case against you. They will discuss the case with you and ensure they understand your instructions. They will identify the weaknesses in the prosecution’s case so we can exploit this at trial. If your case goes to trial we will prepare you for this. We will discuss with you what you can expect will happen at your trial and how to prepare for it.


We Exploit Common Sense

If you are contesting the sexual offence, then you will have a trial before a jury. The jury will consist of 12 persons who represent the community in deciding if you are guilty or not guilty of the offence. From a defence perspective, it is the jury who need to be convinced you are innocent of the offence. As an accused the onus is not on you to prove anything. However, as the defence we need to plant seeds in the minds of each juror so there is sufficient doubt in their minds they could not convict you of the offence. You may wonder, how do we do this? Juries are human beings, and we use this to our advantage. Jurors find it hard to accept things which go against common sense. For example, if a witness says they did or did not do something which doesn’t make sense then we highlight this to the jury. When things don’t make sense, there is usually a good reason for this.


We Undermine The Credibility Of The Complainant

For many sexual offence trials, the only witness who gives evidence about what happened is the complainant. There may be no independent evidence (such as DNA, medical examination or photographs of injuries, or any witnesses who saw the offence being committed) to support the complainant’s account of what happened. In such a situation, it will primarily come down to an issue of credibility of the complainant- can the jury believe the complainant beyond reasonable doubt about what they say you did to them.

Some things which may assist in undermining the credibility of a complainant include:


  • Their behaviour after the alleged offence. Was the complainant’s behaviour normal of someone who has been the victim of an alleged sexual offence?


  • Their lack of complaint for a long time.


  • A history of drug or alcohol abuse which may affect their memory.


  • Inconsistencies in versions they told different witnesses. The complainant may have told some witnesses one thing, but then told the police something different.


  • Something which could give the complainant a motive to lie about the offence.


  • A lack of evidence the complainant refers to, but is not or cannot be produced at trial.


  • A history of false complaints.


  • A criminal history with offences of dishonesty on it.


  • Their inability to provide a clear account of the event.


  • The improbability of the offence occurring. For example, if the complainant alleged the offence was committed in a public environment in front of friends or family.


Exclude Evidence

Not all things police gather during their investigation of a sexual offence is admissible as evidence in Court. However, if the defence doesn’t do anything, Judges will allow it to go to the jury. We don’t let this happen. We apply to the Court to have the Court exclude evidence so the prosecution cannot use it. This way, the jury never sees it.


We Build A Team

If you engage our office to represent you for your sexual offence, we will build you a team. The key players in this team will be you, your lawyer, and your barrister. If need be, we will engage expert witnesses to help your case who will also form part of your team.

We will engage a barrister to represent you and work with your lawyer.  Barristers in criminal cases in Queensland wear black coloured robes and white wigs in court. Barristers are seen to be the experts in court advocacy (the art of persuasion). They are experts in preparing for court and providing opinions on legal issues. Your lawyer will work closely with your barrister during your case to prepare for court events. During your case your main point of contact is your lawyer who will relay anything you raise with them to your barrister. Your barrister will provide advice to you and your lawyer about your case. They will give advice about the best evidence to get to defend you and they will give advice about the penalty you may receive if convicted. In court your barrister will speak for you and present your case. Your lawyer will be present for court events and they will sit beside your barrister and “instruct” them.

There are 2 types of barristers in Queensland, Junior Counsel and Senior Counsel. In Queensland there are many Junior Counsel barristers who practise criminal law. But, there are only about 13 Senior Counsel who practise criminal law. Junior Counsel represent most clients. This is because the cost to engage a Senior Counsel is a lot more expensive and there are not many to brief. When engaging barristers to represent clients, we choose ones we would trust to represent our close friends or family members. There are many to choose from, but not all have the same skills or expertise to represent clients charged with sexual offences.


An Experienced Criminal Lawyer Can Help You Beat A Sexual Offence Charge

If you or a loved has been charged with a sexual offence, contact us for a free confidential chat with an experienced criminal defence lawyer. The lawyers at the Criminal Lawyers Brisbane Group understand how such a charge can be life changing. When facing the possibility of being sent to prison sentence and being registered as a sex offender the stakes are high. Call the Criminal Lawyers Brisbane Group on (07) 3153 6215 now; as time is of the essence.

If you have been charged with a criminal offence, contact us TODAY or fill out the form for a FREE chat

(07) 3153 6215