Sexual assault and rape charge defence
One of our key practice areas is defending clients charged with sexual offences. Because of our significant experience, skill, and reputation in this field we can guarantee that your future is in the safest possible hands.
Unfortunately, allegations of sexual assault, indecent treatment, or rape can be made to police very easily. All that is required is an allegation that some sort of sexual activity happened without consent. Sometimes, these complaints come from children and are made to their friends or family.
Whether it’s a child or an adult, we know that these complaints are extremely distressing and can make people feel like there’s nothing they can do to defend themselves. That’s why you need George Criminal Lawyers on your side.
Evidence and police investigations
In sex offence cases, police try to gather as much evidence as possible to prove the complaint. The first step is to get a statement from the complainant (alleged victim), which is recorded on video if they’re a child. They then gather statements from family, friends, doctors, or other witnesses who were told about the allegations. Other evidence can include photographs, medical examinations, hospital records, notebooks, school records, DOCS records, and text messages and emails.
After they do this, a common police tactic is to ask the victim to call you and ask you why you did it. Of course, this is all being recorded at a police station. If this has already happened and you made admissions or apologised during the phone call, then those statements can be used against you in court, unless we can have them excluded. And of course, if you have already done a police interview, then that can also be used against you if you said the wrong thing.
Quite often there is no physical evidence, with some complaints coming years after the alleged conduct, so the strength of the case comes down to the reliability and honesty of the person making the complaint. And that’s where our significant trial experience in this area comes in.
If you’ve been charged, or might be…
If you think you’re likely to be charged, or are under investigation, it is extremely important that you say nothing until you speak to us. Don’t answer calls from the alleged victim, and don’t speak to police without a lawyer. You can’t take back what has been said, but if you haven’t said anything yet, then it’s usually best not to say anything until you know the whole picture. An innocent explanation can be twisted to suit the narrative, and could mean you end up behind bars when that could have been avoided from the beginning.
Once we know the details we can give you solid advice about what to do, and whether you should speak to police. If you already have, then we can liaise with police to ensure that if you are charged, it is done on your terms. If bail is an issue, we can speak to police and make sure that any concerns are addressed, or prepare for a bail application to be made immediately after your arrest.
Sexual assault lawyers — what we do
Some cases of sexual assault can be dealt with in the Magistrates Court if you want to plead guilty. Otherwise —and for most charges of rape — these cases end up in the District Court. If you don’t want to plead guilty, then they have to be listed for a trial because they are a ‘word against word’ type of case.
In a District Court trial, a jury of 12 people listen to all of the evidence and decide whether they find you guilty or not guilty. The tactical steps that are taken throughout the matter, together with our thorough preparation for trial, can mean the difference between you leaving the courtroom with us, or being taken to a cold prison cell. We only use the best barristers in Queensland, and ensure every legal issue is fully investigated and taken advantage of.
Careful cross-examination at a committal hearing is one of the tactical steps we often take. It can result in charges being dropped entirely, or less serious charges being presented in the District Court. Many lawyers don’t take advantage of these opportunities at committal, meaning their clients face a trial where they’re starting on the back foot.
If you want to plead guilty, or we advise you to, then all is not lost. There are options available such as mediation that many lawyers won’t even tell you about, because it means less money in their pocket. We have successfully had charges referred to mediation, and then withdrawn, even for offences like rape.
Why you need George Criminal Lawyers
It is vital that this sort of matter is approached with the utmost care and skill, because the wrong move could have significant consequences for your future. That’s especially so where jail is presumed to be the starting point for this sort of offending.
With our tailored and careful approach to these types of charges we have defended and won countless jury trials, and have prevented recorded convictions and sentences of imprisonment being imposed on clients who have chosen to plead guilty.
We have connections to the best criminal barristers in Queensland, and we know exactly what needs to be done to defend you. Don’t make a mistake and choose the wrong law firm to represent you. With George Criminal Lawyers on your side, you can rest assured that your future is in the safest possible hands.
Contact us now to get started. Your future depends on it.