If you are accused of a sex offence, it is important to take the matter seriously, regardless of whether the allegation is true. It is easy to minimise or completely deny the situation you are in, particularly if you are innocent. Many believe that if they are innocent, then they have nothing to worry about. Nothing could be further from the truth, especially in the current climate where the public perception is shifting towards a person being presumed guilty if they are accused of a sex offence.
That is why you need to be represented by an experienced criminal lawyer who can provide you with the best defence possible.
Our expert criminal lawyers for sex offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence.
You will be represented by a team of award-winning criminal lawyers with 500+ five-star Google reviews who offer fixed fees and free first consultations.
You can read our reviews here.
What to do if you are being investigated for a sex offence
Where a person has made a sexual accusation against you, the police will typically adopt one of the three approaches:
- Investigate you before making contact, including covert operations such as intercepting your phone calls (phone taps) and pretext calls (recording calls with your accuser).
- Contact you and request that you attend a police station.
- Arrest you.
Seek legal advice immediately
If the police contact you, arrest you, or you are contacted by someone accusing you of a sexual offence, you should seek legal advice immediately. The earlier you speak with an experienced criminal lawyer, the greater your chance of receiving a positive outcome. The legal system is complex, and navigating accusations of sexual offending can be tricky. What you say and do can be held against you by the police and in court. Without proper legal representation, you could be exposed to a miscarriage of justice.
Your lawyer will be able to guide you through the legal process. They will be able to help you make the right decisions and say the right things during police investigations. They will be able to not only develop your defence but also negotiate with the police on your behalf. The right defence lawyer may be able to prove that the claims are unfounded and have your case dropped before it even makes it to court.
Practice your right to silence
If the police contact you or arrest you about a sexual offence, it is important that you watch what you say and do. The best thing you can do is not say anything at all. Whatever you say or do can and will be used against you. Police will be attempting to gather as much information as possible to prove your guilt. Statements made during an investigation may become part of the evidence relied upon by the prosecution. Police have also been known to use questionable and dishonest tactics to get evidence against the accused. Don’t get caught out by saying the wrong thing. Let your criminal lawyer be your voice. They know exactly what to do and say to get the best results for you in your time of need. Loose lips sink ships, so keep your mouth shut.
Do not speak to your accuser
If you are contacted by someone accusing you of a sexual offence, do not engage in conversation or communications with them. You may feel an understandable urge to defend yourself, ask why they have made the accusation or attempt to resolve the situation directly. However, communications between you and the complainant may later become relevant to the investigation.
Police frequently use a tactic where they have an accuser contact you on the telephone to obtain an admission of guilt. If contacted by an accuser, do not speak with them. Remember, the person has lied about you once, and they may do it again, making a bad situation even worse. Chances are, the person is at a police station making the call, and the conversation is being recorded.
Do not talk about your case with others
Any person, other than your criminal lawyer, can be subpoenaed by the police to give evidence against you in court. Anything you tell other people about what happened can be used against you if the police turn those people into witnesses. You can tell people about the investigation into the sex offence, but you should refrain from giving them any details of what occurred beyond telling them you are not guilty. While, in theory, giving your version and telling someone what happened should be helpful, it often is not. This is because memory is fallible, and they may not accurately remember what you told them.
Answer your criminal lawyer’s questions
You will need to provide the information your criminal lawyer requires if they are to defend you successfully. Answer questions honestly when asked, bearing in mind that your lawyer may choose to ask you certain questions earlier in the proceedings and other questions later in the proceedings for strategic reasons. Trust your lawyer. If you fail to tell your lawyer something they asked, and it later comes up in court, it could seriously weaken your defence.
Write down what happened
Once you have a lawyer, you should write a detailed version of what happened and outline your relationship to your accuser, as well as a timeline of events leading up to the alleged conduct and a record of what occurred afterwards. Additionally, your lawyer may ask you to include relevant evidence of communications or interactions between you and the complainant. Your lawyer may not require the document from you immediately, but it is important to have a contemporaneous record because your memory will worsen from when you first instruct your lawyer to when the matter finalises much later.
It is vitally important that any version you create is titled and labelled “instructions for my lawyer”. This will cause the document to become legally ‘privileged’ and make it inadmissible against you if police obtain a copy. For example, police seize your phone/computers. The risk of devices being seized means it is also advisable to store your version in a cloud that cannot be accessed without a password known only to you.
Gather evidence to give to your lawyer
Evidence can become extremely important in a sexual offence investigation. Gather as much evidence as possible that could potentially support your defence and undermine your accuser’s claims. Provide this to your criminal lawyer when he requests it but make sure that it is stored in a secure location, such as a cloud that is only accessible through a password known exclusively to you. Potential evidence includes prior text messages, emails, clothing, photographs, receipts, GPS data, and social media messages. It includes communications between your accuser and you, as well as with others.
Do not destroy evidence
Do not destroy evidence that you believe could be detrimental to your defence. It is better that your lawyer is prepared and has full knowledge of your sex offence case. You may even end up destroying evidence that could have been used to help build your defence. Your criminal lawyer will draw on their expert knowledge and experience to determine what evidence can be used to build the right defence strategy for you. They have the experience and knowledge needed to get the best results for you, so it is always best to give all possible evidence to your lawyer.
Create a witness contact list
You will need to compile a witness list for your lawyer. This should include anyone who can testify about what happened during the alleged event, as well as anyone who can testify about your relationship with your accuser. Include the person’s name, address, phone number, and brief details about your relationship with them and what they can testify to in court.
Pleading not guilty to a sex offence
Where a sex offence is to be dealt with in the District or Supreme Court, or where you plead not guilty to a matter to be finalised in the Local Court, you will be entitled to see the brief of evidence against you before the trial is heard. Your lawyer will consider the evidence carefully, advise you on its strengths and weaknesses, and obtain your responses to it. Additionally, your lawyer will advise you about the available defence options.
On the day of the trial, the prosecution will call their witnesses and tender other evidence first, which will be challenged by your criminal lawyer. At the end of the prosecution’s case, you can give evidence, call other evidence, or decline to call as a case, as you have a right to silence.
Following the evidence being called and submissions by the prosecutor and your criminal lawyer, the judge or jury will decide whether you are guilty or not guilty. The golden rule in our system of criminal justice is that the prosecution must prove the case against you beyond a reasonable doubt.
You can read a detailed article about pleading not guilty here.
Defences for sex offences
There are many defences our criminal lawyers use when defending sex offences. The main defences used include:
- Identification, which is where your defence is that the sex offence was committed by someone else.
- No sexual intercourse or touching occurred.
- It was consensual.
- Lack of knowledge that other person was not consenting.
Pleading guilty to a sex offence
Where you intend to plead guilty to a sex offence, our experienced criminal lawyers negotiate with the police and the Office of the Director of Public Prosecutions to seek the withdrawal of unsupported allegations, negotiate less serious charges where appropriate, and secure a more favourable set of agreed facts.
Depending on the seriousness of the charge, you may be sentenced on the first day for a less serious charge in the Local Court, or more than a year later for a serious charge that finalises in the District or Supreme Court.
If you are guilty, you receive a 25% discount on the sentence. Your sentence will also be reduced because guilty pleas reflect remorse and contrition.
Other circumstances that can be raised when being sentenced are:
- Prior criminal history,
- Age,
- Early guilty plea,
- Good prospects of rehabilitation.
You can read a detailed article about pleading guilty here.
No Conviction
If you are pleading guilty to a less serious sex offence charge, receiving a conviction is not always inevitable. In some cases, the court may exercise its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) and dismiss the charge without recording a conviction or impose a conditional release order without a conviction.
At Australian Criminal Law Group, our criminal lawyers have extensive experience preparing Section 10 applications and negotiating outcomes that minimise the impact of criminal charges on your future. Whether such an outcome is available will depend on the individual circumstances of the offence and the person before the court. If you have been charged with a sexual offence, obtaining legal advice early can significantly improve your chances of achieving the best possible result.
What sex offences do we defend?
At the Australian Criminal Law Group, we receive exceptional outcomes for various types of sex offences. Some of the offences we defend include:
- Sexual assault.
- Aggravated sexual assault.
- Assault with intent to have sexual intercourse.
- Sexual touching (previously indecent assault).
- Sexual intercourse with a child under 10 years of age.
- Sexual intercourse with a child 10 to 15 years of age.
- Aggravated sexual assault (child).
- Sexual touching (child).
- Possession (and other) of child abuse material (child pornography – NSW offence).
- Use carriage service for child abuse material (child pornography – Commonwealth offence),
- Intimate image offences.
Experienced NSW Bail Lawyers
We understand that bail applications can be one of the most frightening experiences for people accused of crimes and their families. If unsuccessful, a person may be imprisoned for weeks, months, or years while their case is finalised.
Bail can be applied for at any time for a sex offence.
We are available for urgent bail applications immediately or shortly after a person is arrested, as well as for second bail applications and Supreme Court bail applications.
We provide 24/7 urgent bail assistance, including weekends and public holidays. Bail applications are often urgent and time-sensitive. If you or someone you know has been arrested or refused bail due to a sex offence, contact Australian Criminal Law Group immediately to speak with an experienced criminal lawyer.
To find out more information about bail, you can read more here.
Free First Consultation
Choosing the right criminal lawyer can make a significant difference to your sex offence case. That’s why Australian Criminal Law Group offers a free, confidential, no-obligation first consultation with one of our experienced criminal defence lawyers.
This is your opportunity to explain your situation, understand your legal options, and decide whether we’re the right team to represent you.
During your consultation, we will:
- Listen to your side of the story.
- Explain the charges and court process.
- Discuss possible outcomes and defence strategies.
- Answer your questions in plain English.
- Provide honest advice about the next steps.
Every consultation is completely confidential and obligation-free.
Fixed Fees Available
For many straightforward sex offences, we offer fixed-fee representation, so you’ll know your legal costs upfront with no hidden surprises.
We feel passionately about providing the best defence and making the best legal representation available to all. That’s why our Sydney, Blacktown and Parramatta defence solicitors offer fixed fees for non-complex criminal law matters.
Additionally, we won’t bill you for things such as:
- Short phone calls,
- Brief emails, and
- Photocopying.
We offer payment plans for those in need.
Read more about our fixed fees here.
How to Prepare
To get the most from your appointment, we recommend bringing:
- Any court attendance notices or police paperwork.
- Relevant documents or evidence.
- A list of any questions you want answered.
- A clear timeline of what happened.
The more information you provide, the more tailored our advice can be.
Book Your Free Consultation
We offer appointments in person, by phone, or via video conference from our offices in Sydney CBD, Parramatta, and Blacktown. Our lawyers represent clients throughout New South Wales.
Contact us now if you have been charged with a sex offence. Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience. You can read our reviews here.
Best results for sexual assault and sex offences
Aggravated sexual assault (rape) found not guilty
Our lawyers represented a man charged with aggravated sexual assault alongside 2 co-accused. Our criminal lawyer compiled TikTok videos that contradicted the evidence of the complainant, painstakingly reviewed hours of CCTV, and obtained an expert on the level of intoxication of the complainant. The complainant was cross-examined for a week about the inconsistencies in her evidence. Her friends were cross-examined for a further week to undermine the complainant’s evidence. After a month-long trial, our client and his co-accused were found not guilty.
Sexual assault (rape) – withdrawn
Our lawyers represented a young man charged with sexual assault. His defence was that the sex was consensual. The complainant had deleted messages between our client and the accused, but our lawyer was able to obtain them. The complaint was cross-examined for days, with evidence that contradicted the messages, before our criminal defence team dropped the bombshell on her. The witness refused to give evidence, blaming an interpreter for her lies. The trial was aborted, and the DPP withdrew the charges shortly afterwards.
Aggravated sexual assault (rape) found not guilty
Our lawyers represented a person charged with aggravated sexual assault (rape). A video was obtained that showed the Accused and complainant kissing shortly prior to the time of the allegation. Friends of the complainant, in cross examination, conceded that the complainant had recently separated from her boyfriend and knew they had seen her and the Accused together. It was put to the complainant that she fabricated the complaint because she was worried that her boyfriend would find out. The jury came back with a verdict of not guilty and acquitted our client, who was free to move on with his life.
Aggravated sexual assault found not guilty
Our lawyers represented an 18-year-old man charged with the Aggravated sexual assault of a 14-year-old. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross-examined about her conduct following the alleged rape, in which she continued her relationship with the Accused, as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and returned a not guilty verdict.
Sexual assault defendant found not guilty
Our lawyers represented a man charged with sexual assault. The allegation was that he had sexual intercourse with a woman who had passed out drunk at a New Year’s Eve party. The woman and her friends were cross-examined extensively in the witness box, with the friends giving evidence that the Accused and alleged victim were flirting all night. The alleged victim ultimately came across as a racist who was embarrassed because her friends considered her to have been overly promiscuous at the party. The jury found our client not guilty.
Sexual assault charges withdrawn
Australian Criminal Law Group represented a client who was charged with sexual assault after a woman alleged our client raped her. Our criminal lawyer obtained various complaints she had made to the police, which contradicted each other. He also obtained text messages showing that she had made similar complaints against other people. A body of evidence was presented to the DPP showing the alleged victim to be a liar, and the charge was withdrawn.
Sexual assault charges withdrawn
Australian Criminal Law Group represented a client charged with Sexual Assault and Indecent Assault against his wife on a number of occasions. The allegation was that our client had sodomized her with his penis and hands on a number of occasions. Our sexual assault lawyer took a statement from the wife, where she said that the police had misunderstood her on account of her poor English. While she said no at one stage, she ultimately consented. She said the matter was only reported to the police out of concern for her husband’s mental health. On representations from our lawyer, the DPP withdrew the charges.