Who are the best sexual assault lawyers?
Australian Criminal Law Group are Sydney’s best criminal lawyers for defending sexual assault and other sex offences.
The sexual assault lawyers at Australian Criminal Law Group understand that being charged with a sex offence is one of the most stressful things that could happen to you. Simply being accused, regardless of your innocence, can put doubt in the minds of those closest to you. You could potentially lose your job; relationships could break down and the psychological and financial impact is huge.
Australian Criminal Law Group is experienced at working with clients that have been accused with sexual assault. Our criminal lawyers are compassionate, patient and understanding of your situation. That’s why they fight to have you found not guilty and reclaim your reputation.. You can read our reviews to see what our clients say about us here.
We represent clients accused of sexual assault and other sex offences in all NSW courts. You can read a list of the courts we attend here. We offer free first consultations with a sexual assault lawyer at offices in Parramatta, Sydney, and Blacktown or via video call.
Get in contact with the Australian Criminal Law Group on 02 8815 8167 or via website enquiry so we can start building your defence today.
What is sexual assault?
Sexual assault is often referred to as ‘sexual intercourse without consent’ and is commonly known as ‘rape’. It is an offence under NSW law found at section 61I of the Crimes Act 1900. The maximum penalty for sexual assault is 14 years imprisonment. An aggravated sexual assault carries a maximum penalty of 20 years imprisonment.
What to do if accused of sexual assault
There are steps you can take to minimise the impact of the claims against you and help build a solid defence against allegations and to maximise your chances of being found not guilty. These are outlined below.
Understand the gravity of being accused of sexual assault
If you are accused of sexual assault it is important to take the matter seriously, no matter how ridiculous the claims are. 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. It is important to understand that just because you are innocent, it is no guarantee you will be found not guilty, especially in the current climate where the public perception is shifting towards a person being presumed guilty if they are accused of a sexual assault. That is why you need to be represented by an experienced criminal lawyer who can provide you with the best defence possible.
Don’t fail to prepare or make mistakes by doing or saying the wrong thing because you didn’t think the claims were a big deal.
Seek legal advice for sexual assault accusations
The earlier you speak with an experienced criminal lawyer, the greater your chance of successfully defending the sexual assault against you.
The legal system is complex and navigating charges of sexual assault 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. A good lawyer will be able to ensure that evidence that is inadmissible in court is not used against you.
Your sexual assault lawyer will also 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 you have been accused of sexual assault, 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 to prove your guilt. 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 should know exactly what to do and say to get the best results for you.
Do not speak to your accuser
You might be tempted to contact your accuser when wrongful claims of sexual assault are made against you. It’s natural to want to respond to the claims, tell them to tell the truth or find out why they are putting you through this ordeal. Don’t do this. Anything you say can be used against you. Any communication you have can expose you to additional accusations against you or help the prosecution present your character in a poor light.
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. 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 sexual assault lawyer, to who you provide your version of events, can be subpoenaed by the police to give evidence against you in court. You can tell people you have been charged with an offence, but you should refrain from giving them any details of what occurred beyond telling them you are not guilty and fighting the charges. When you speak to your lawyer, unlike other people, the conversation is covered by legal privilege. This means your lawyer is not able to be subpoenaed and forced to say what it is you have told them. Legal privilege is extremely powerful, it means that everything you say to your lawyer is confidential and cannot be repeated without your permission.
Do not slander your accuser
You might be tempted to slander your accuser to anyone who will listen. It’s natural to be angry and want to lash out. By doing so, you could be inadvertently harming your case. One unconsidered comment that is repeated to your accuser could destroy your entire case. Remember, if you have shared acquaintances and friends, they may have already taken your accuser’s side.
Keep your emotions in check, no matter how upsetting it is to be wrongfully accused of sexual assault. You will need to stay focused on taking the right steps to prove your innocence and beat any charges brought against you.
Answer your criminal lawyer’s questions
You will need to provide as much information to your criminal lawyer as they require if they are to defend you of sexual assault. Answer questions honestly and avoid keeping details from them. If you fail to tell your sexual assault lawyer something that later comes up in court, it could seriously weaken your defence.
As soon as you can, write a detailed timeline of events leading up to and during the time of the alleged sexual assault. You should include any information that could be pertinent to your case including details about your relationship with the alleged victim and other circumstances surrounding the alleged event. Make sure you write at the top of the page: “instructions to a lawyer”. This will cause the document to become legally ‘privileged’ and make it inadmissible against you if police obtain a copy for example where a search warrant is executed at your home or your phone/computers are seized some other way.
Gather evidence to give to your lawyer
Gather as much evidence as possible that could potentially support your defence and undermine your accuser’s claims. Provide this to your sexual assault lawyer as soon as possible.
Potential evidence includes things like prior text messages, emails, clothing, photographs, receipts, GPS data, social media messages etc. It includes communications between your accuser and you as well as with others.
You will also want to provide your lawyer with any information about the dynamics of your relationship with your accuser, what happened during the alleged event as well as any potential motives of your accuser. Was there jealousy involved? What advantage can they gain from making these allegations e.g., Relating to child custody, financial gain etc.
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 case. You may even end up destroying evidence that could have been used to help build your defence.
Your expert sexual assault defence 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 that 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.
Consider the motive of your accuser
There are many reasons why someone would lie about a sexual assault. Some of the reasons or motives that our criminal lawyers have encountered include:
- To obtain a financial advantage e.g., via settlement out of court or access to funds for victims.
- To gain an advantage in family court in a child custody matter.
- To obtain a visa to allow a person to remain in Australia.
- To avoid the consequences of cheating on a partner or spouse.
- A form of revenge and/or to cause harm to a partner or ex-partner.
- Mental illness or personality disorders.
Other false claims of sexual assault may be a mistake or made from confusion as to what constitutes sexual assault.
Learn about sexual assault laws in NSW
It’s good to know what you’re up against and to know what to expect if you have been accused of sexual assault.
You can read up on the laws in NSW for sexual assault and possible defences by visiting our following pages.
- Sexual Assault
- Aggravated sexual assault
- Assault with intent to have sexual intercourse
- Sexual Touching
Contact a Sexual Assault Lawyer at Australian Criminal Law Group today
If you are charged with sexual assault or another sex offence, contact the criminal lawyers at Australian Criminal Law Group immediately. We are dedicated to our clients and fight hard to get the best possible result on your sexual assault case. When you engage AC Law Group, you will have the empathy, commitment and experience you need to get you through your difficult situation and achieve a not-guilty verdict or the minimum penalty for your crime.
To make our services available to as many clients as possible, we offer our initial appointment free of charge.
Below are some of our results for sexual assault offences
Case Study – Aggravated sexual assault (rape) found not guilty
Australian Criminal Law Group 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 about 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 evidence of the complainant. After a month long trial, our client and his co-accused were found not guilty.
Case Study – Sexual assault (rape) – withdrawn
Australian Criminal Law Group represented a young Burmese man charged with sexual assault. He maintained the evidence was consensual. The complainant had deleted messages between our client and the accused, that had also been deleted on phone of the Accused. Our lawyer was able to obtained the messages that had been screen shot by his mother when he had logged into Messenger on his phone. The complaint was cross examined for a day, giving evidence that was contradicted by the messages, before our criminal defence team dropped the bombshell on her. The witness refused to give evidence and backtracked, blaming an interpreter for her lies. The trial was aborted and the DPP withdrew the charges shortly afterwards.
Case Study – Aggravated sexual assault (rape) found not guilty
Australian Criminal Law Group represented a person charged with aggravated sexual assault (rape) with the aggravating factor being the infliction of Actual bodily harm on the victim. The Accused was a person of prior good character. A video was obtained that showed the Accused and complainant in a consensual embrace (kissing) shortly prior to the time of the allegation (which the complainant had omitted telling the police). The complainant was cross-examined for days as were her friends. The friends conceded that they had trouble believing that the Accused would have committed the offence as he had always been a gentleman, intoxicated or otherwise. It was further conceded that the complainant had only recently separated from her boyfriend and knew that mutual friends 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 there had been consensual intercourse as the Accused put forth. The jury came back with a verdict of not guilty and acquitted our client who was free to move on with his life.
Case Study – Aggravated sexual assault found not guilty
Australian Criminal Law Group 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 came back with a not guilty verdict.
Case Study – Sexual assault defendant found not guilty
Australian Criminal Law Group 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.
Case Study – Sexual assault charges withdrawn
Australian Criminal Law Group represented a client was charged with sexual assault after a woman alleged our client raped her. Our criminal lawyer obtained various complaints she had made to police which contradicted each other. He also obtained text messages showing that she had made similar complaints against other people. A body of evidence showing the alleged victim to be a liar was presented to the DPP and the charge was withdrawn.
Case Study – 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.