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further information on Indecent Assault, Sexual Assault and Rape

 

Charged with Indecent Assault, Sexual Assault or Rape?

It goes without saying that these are very serious charges, if you are facing them it is strongly recommended that you consult and expert criminal lawyer as a matter of urgency.

Indecent Assault – the Prosecution must prove beyond reasonable doubt that you touched the complainant as alleged; that the touching was intentional; that the touching occurred in indecent circumstances; that there was no lawful justification for the touching, such as consent; and that you were aware they were not consenting or might not be consenting, or that you did not give any thought to whether the complainant was consenting.

Sexual Assault – the prosecution must prove that you intentionally touched the complainant as alleged; that the touching was sexual; that the complainant did not consent to the touching; and that you did not reasonably believe that the complainant consented to being touched.

Rape – the Prosecution must prove that you intentionally sexually penetrated the complainant; that the complainant did not consent to the sexual penetration; and that you did not reasonably believe the complainant consented to the sexual penetration.

Get advice now: Melbourne on 9448 8453Warrnambool on 5562 0318 or email us.

When is Touching Sexual?

Touching may be sexual due to the area of body that is touched; because the touching causes sexual gratification; or any other circumstances that give the touching sexual connotations such as the relationship between you and the complainant and the circumstances in which the touching occurred.

Sentencing and Defences

Defences such as consent or a reasonably held belief in consent may be available. Mental Impairment meaning that you did not understand what you were doing or did not understand it was wrong due to a mental impairment is a defence. These defences are complex areas of law, and if you think you might have a defence, you should speak to an expert criminal lawyer urgently.

Charges of Indecent Assault, Sexual Assault and Rape carry a very high likelihood of being sent to prison if you plead or are found guilty. It is critical that you get good legal advice as soon as you are aware of the allegations against you and before you are interviewed by Police.

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