Facing charges for a sex offence can be one of the most challenging experiences in your life. The social stigma, legal consequences, and emotional toll can feel overwhelming. These offences are often distressing, damaging and complex and require a careful legal approach. Contacting an expert sex offences lawyer early in the matter can make all the difference and potentially change the course of your life.
At Marcellus Law, I provide compassionate, non-judgmental, and skilled legal representation to help clients navigate these serious charges. My goal is to protect your rights, ensure a fair legal process, and achieve the best possible outcome for your case. To support you from the very beginning, we offer criminal lawyers Melbourne free consultation services, so you can get clear, confidential advice without added pressure.
These offences are alleged when the offender commits behaviour towards another that carries sexual intention or conduct. Intention and conduct of a sexual nature usually comprise the elements of the offence and are elements that must be proven by the Prosecution beyond a reasonable doubt. All sexual offences in Victoria are indictable offences, being serious because of their perverse nature, and are pursued under the Crimes Act 1958. Most sex offences are considered punishable by imprisonment, and often for lengthy periods. In addition to punishment, serious or repeat offences usually lead to registration on the Sex Offender’s Register which imposes strict conditions of declaration and compliance.
Section 40 of the Crimes Act states:
(1) A person (A) commits an offence if—
(a) A intentionally touches another person (B); and
(b) the touching is sexual; and
(c) B does not consent to the touching; and
(d) A does not reasonably believe that B consents to the touching.
This offence is committing where there is touching of a sexual nature. There does not need to be a physical assault and the name can be misleading. It is classified as an assault due to the imposing and offensive consequence of the sexual touching. As can be inferred from the elements of the offence, there must be touching to commence the offence before it can be proven that the touching was sexual in nature. Consent is also a crucial factor and the circumstances often oppose what the complainant has alleged.
Section 38 of the Crimes Act states:
(1) A person (A) commits an offence if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the penetration.
This is the most serious sexual offence in Victoria. The elements of the offence are clear however in most cases of rape the circumstances are vague and most of these matters are contested. Much of the evidence usually falls on factual questions as to whether consent for penetration was given, or whether the offender could reasonably have believed consent to have been given. Credibility is central and the jury will be persuaded by the more believable witness.
Rape under s38 – Maximum 25 years imprisonment
Section 38 further guides sentencing practices for this offence by stating that the standard sentence for this offence is 10 years. This will be the baseline sentence for anyone convicted of a rape offence. A custodial sentence is mandatory.
For guidance and strong defence strategies, Marcellus Law offers experienced criminal lawyers who understand the complexities of sex offence cases.
The Crimes Act prohibits many forms of sexual conduct that may involve or be directed at children. Sexual assault and the rape of children (a victim under the age of 12, 16, or 17 depending on the offence) are considered to be more serious offences than those committed against adult victims. This is typically due to the vulnerable and helpless state of children in such circumstances. Committing a sexual assault or rape against a minor will incur much higher penalties (ie. lengthier sentences of imprisonment) than if the victim were an adult.
Further behaviours that are prohibited under the Crimes Act include the following:
The majority of sexual offences against children are punishable by a term of imprisonment as well as registration on the Sex Offenders Register.
The Crimes Act makes it an offence to produce, distribute, possess, access or involve a child in child abuse material. Child abuse material is more often than not sexual in nature and is mostly in the form of images or videos saved on devices alleged to belong to an offender. Police assign special task forces that specialise in digital espionage to track offenders that engage with this kind of material. A search warrant is usually executed at an offender’s premises once the investigation has narrowed down the offender to involvement in some capacity and devices are confiscated and accessed to obtain the material alleged.
There are stages in the production and distribution of child abuse material. The further up the line an offender is involved with this material, the more severe the penalty will be if they are found guilty of the offence. For example, a person involved in the production of child abuse material will receive a far more severe sentence than one who was only in possession of it.
Let us lay out a plan together so you have more time to focus on your life.
I will take the time to understand the charges, review all evidence, and pinpoint any errors or gaps in the prosecution’s argument. Even seemingly minor charges can result in lasting penalties. I will ensure your case is fairly assessed and your rights are upheld.
Criminal charges can have lasting and permanent effects on your life. I will work to mitigate the impact of these allegations and build a strong defense or plea.
I will build a strategy tailored to your case, using expert analysis, evidence reviews, and, where necessary, witnesses.
Whether you are pleading guilty, or your case goes to trial, I will advocate fiercely on your behalf to protect your rights and achieve the best possible outcome.
Don’t face these charges alone – book a confidential consultation today.
If you’ve been charged with a sex offence anywhere in Victoria, we’re here to help.
A charge for a sex offence doesn’t have to define your future. With skilled legal representation, you can challenge the allegations, protect your rights, and work toward a fair resolution. Let me help you navigate this process with confidence and clarity.
