Sexual Assault Lawyers Blacktown – Blacktown Courthouse Representation. Are you facing charges for Sexual Assault or Indecent Assault Call 02 9261 8640
Sexual Assault Lawyers Blacktown – In the year March 2017- March 2018 there were 280 incidents of sexual assault in Blacktown. This was an increase from the previous year, which saw 255 incidents of sexual assault. From 2017-2018 there were also 360 incidents of indecent assault, acts of indecency & other sexual offences. This was also an increase from the previous year, which saw 330 incidents of the same offences. (NSW Bureau of Crime Statistics and Research).
Sexual assault is an extremely serious criminal offence to be charged with. If found guilty of having committed sexual assault in NSW, a convicted person may be imprisoned for up to 14 years. It is essential to retain an expert criminal defence lawyer if accused or charged with any sex offence. A person accused or charged with a sex offence may be ostracized by friends, family and the community, may lose their job or may have difficulty in finding employment. For these reasons it is essential to have expert legal advice and representation to ensure your rights are exercised and you are not unfairly or illegally dealt with by anyone, including the police.
It is vital for an accused person to have retained expert legal representation by the time criminal proceedings have been initiated by the police. Without expert legal representation, a person is at great risk of being the subject of a miscarriage of justice due to improper police procedure being overlooked or having inadmissible evidence used against them. Every person is entitled to a presumption of innocence and this may be easily compromised due to the advent of technology and social media.
The criminal offence of sexual assault under the Crimes Act 1900 (NSW) requires the police to prove three elements. Firstly, the accused engaged in sexual intercourse with the alleged victim at the time and place alleged. Secondly, the alleged victim did not give consent to the sexual intercourse. Thirdly, the accused knew the alleged victim did not give consent, or the accused was reckless as to whether or not the alleged victim gave consent.
A major issue that is perhaps the most significant point of contention in sexual assault matters is the issue of consent. The factors which will often determine an accused’s guilt or innocence in a sexual assault matter are what the court accepts to be factual in regards to the state of the accused’s mind as well as the alleged victim’s. If the court accepts that the accused believed the alleged victim was consenting to the sexual intercourse then the third element mentioned above is not proved by the Crown. If the court does not accept that the alleged victim did not consent to the sexual intercourse then the second element mentioned above cannot be proved.
It is often unclear as to whether consent was given or not due to the fact there may be no explicit verbal communication from the alleged victim to the accused, which indicated consent. Another factor which often makes determining the facts difficult is where the accused or the alleged victim are intoxicated.
Sexual Assault Lawyers Blacktown -Case in Point
In R v Lazarus  NSWCCA 279 the Court of Criminal Appeal elected to invoke its residual discretion and not order a retrial following the acquittal of the accused by Judge Tupman in May 2017. The acquittal of the accused had been appealed by the Crown. The defendant had been accused of sexually assaulting an 18 year old woman behind a nightclub in Kings Cross.
This matter had required the court to analyse whether or not the accused knew, or was reckless, or had no reasonable grounds for believing that the victim consented to the sexual intercourse. Both the accused and the victim were intoxicated.
The defendant’s argument that he believed the complainant to have implied consent by way of her physical conduct rather than explicitly or verbally consenting was not accepted by the Court. The accused argued he believed that the woman had consented to the sexual intercourse because she did not resist or say ‘stop’ but rather pushed her body towards his. This case has raised the question as to whether explicit verbal consent is required every time persons engage in sexual intercourse in order to prevent criminal proceedings being brought against any person who does.
Sexual assault is an extremely serious accusation. If you have been accused of or charged with sexual assault, it is vital to speak with an expert criminal defence lawyer to ensure the best possible outcome. George Sten & Co Sexual Assault Lawyers Blacktown have extensive experience in defending person’s accused of sexual assault. We can advise you on your legal rights and the best steps to take in any matter. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at [email protected].