Sexual Offences

Sexual Offence Lawyers in Brisbane & Gold Coast

Being charged with a sexual offence is one of the most serious situations a person can face. At Potts Lawyers, our experienced criminal defence lawyers represent clients facing sexual offence allegations throughout Queensland and New South Wales provide strategic criminal defence for our clients. We understand the urgency, sensitivity and lasting consequences of these allegations, and every matter is handled with complete discretion. If you have been contacted by police or charged with a sexual offence, speak with our team immediately. Early legal advice can make a significant difference to your defence.

Charged With a Sexual Offence? Get Immediate Legal Advice

If you have been accused of a sexual offence, obtaining legal advice as early as possible is critical. Decisions made in the early stages of an investigation can have a lasting impact on the outcome of your matter.
If police wish to interview you or ask you questions about the allegation, it is generally advisable to obtain legal advice before participating in an interview or answering questions. Police may also employ investigative techniques such as pretext phone calls, where an alleged complainant contacts you while police monitor or record the conversation in an attempt to obtain admissions.

If you have been arrested, we can advise you about your rights, represent you during police questioning where appropriate, assist with bail applications, and begin preparing your defence immediately. The sooner you engage a sexual offence lawyer, the more opportunities there may be to protect your legal position. Contact Potts Lawyers without delay for confidential advice.

Sexual Offences We Defend

Sexual offence allegations cover a wide range of criminal offences, each with different legal elements, penalties and evidentiary issues. At Potts Lawyers, our experienced criminal defence team regularly represents clients facing sexual offence charges across Queensland and Northern New South Wales. We carefully analyse the prosecution case, identify potential defences and develop a strategy tailored to your individual circumstances.
Whether you have been accused of a recent offence, are facing historical allegations or have been contacted by police as part of an investigation, obtaining experienced legal representation at the earliest opportunity is essential.

Sexual Assault and Rape Offences

Sexual assault and rape are among the most serious criminal offences prosecuted in Queensland. These matters frequently turn on issues of consent and may involve conflicting accounts, forensic evidence, medical evidence and electronic communications. Successfully defending these allegations requires a careful analysis of all available evidence. Given the significant penalties that may apply upon conviction, obtaining experienced legal representation from the outset is essential.

Indecent Treatment and Child-Related Offences

Allegations involving children carry significant legal and personal consequences. Charges may include indecent treatment of a child, grooming offences, maintaining a sexual relationship with a child or other offences involving minors. These matters are often complex, involving detailed investigations, specialist evidence and vulnerable witnesses. Our lawyers approach every case with sensitivity while ensuring your legal rights are protected throughout the criminal process.

Child Exploitation Material and Online Offences

Technology has become a central focus of many sexual offence investigations. Police regularly examine mobile phones, computers, cloud storage and online accounts when investigating allegations involving child exploitation material or internet-based sexual offences. These cases often involve highly technical digital evidence, requiring careful legal analysis to ensure investigative powers have been lawfully exercised and whether evidence, electronic or otherwise is admissible.

Other Sexual Offence Charges

Our lawyers also defend clients charged with a broad range of other sexual offences, including unlawful carnal knowledge, wilful exposure, indecent acts and a range of other sexual offences under Queensland and New South Wales criminal law. Every charge carries different legal requirements and potential penalties. Regardless of the allegation, our focus is on providing strategic, practical advice and building the strongest defence available.

Call Potts Lawyers on 07 5532 3133 today for a confidential consultation.

Understanding Consent Under Queensland Law

Consent is a central issue in many sexual offence cases. Under Queensland law, whether consent exists depends on the particular circumstances of each case. Queensland’s affirmative consent laws also require consideration of whether a person said or did anything to communicate consent and whether reasonable steps were taken to ascertain that consent. The prosecution must prove beyond reasonable doubt that consent was not present. In some cases, a defence may also arise where a person honestly and reasonably, but mistakenly, believed the other person was consenting. These issues are often legally complex and require careful consideration of the evidence in each individual case.

Recent reforms to Queensland’s affirmative consent laws have significantly changed the legal framework governing consent, making these matters increasingly nuanced and highly fact-specific.

Obtaining experienced legal advice early can help identify whether consent or another legal defence may apply.

What Happens After You Are Charged?

After a sexual offence allegation is made, police may conduct an investigation before issuing a Notice to Appear or arresting a person. Depending on the circumstances, you may be interviewed by police, have electronic devices seized or be required to attend court shortly after charges are laid.

If you are arrested, obtaining bail may become an immediate priority. All sexual offence charges begin in the Magistrates Court before being committed to the District Court for trial or sentence. Throughout this process, evidence is disclosed, legal issues are considered and defence strategies are developed.

Early preparation is critical. From the outset, we carefully analyse the prosecution case, review all available evidence, identify legal and factual issues, obtain expert evidence where appropriate and develop a strategic defence tailored to the circumstances of your case.

Possible Penalties and Long-Term Consequences

Sexual offence convictions can attract severe penalties, including significant terms of imprisonment and other sentencing orders, depending on the offence and the individual circumstances of the case. Under Queensland sentencing laws, the starting point for sentencing serious sexual offences is actual imprisonment unless exceptional circumstances are established. Some convictions may also result in a person becoming a reportable offender under Queensland legislation, requiring compliance with strict reporting obligations for many years, and in some cases for life.

Beyond the courtroom, allegations and convictions can significantly affect employment opportunities, professional licences, travel, family relationships and personal reputation. Given these potentially life-changing consequences, it is essential to obtain experienced legal representation as early as possible. Early strategic advice can be critical to protecting your legal rights and ensuring your case is properly prepared from the outset.

Speak With a Sexual Offence Lawyer Today

If you have been charged with a sexual offence or believe you are under investigation, do not wait to obtain legal advice. At Potts Lawyers, we provide confidential, practical and non-judgemental legal representation for clients throughout Brisbane, the Gold Coast, across Queensland, and Northern New South Wales. Our experienced criminal defence lawyers are available to discuss your circumstances, explain your legal options and begin protecting your rights immediately.

Call Potts Lawyers today or submit an online enquiry to arrange a confidential consultation with an experienced sexual offence lawyer.

If you or someone you care about is facing a charge relating to sexual offences, you need accurate information about the charge.

There is a reason we are consistently ranked as a first-tier law firm by our clients and peers. At the bottom of this page, you will find information about specific sexual offences.

Frequently Asked Questions

I have just been arrested by the police for a sexual offence, what should I do?

While the police may have arrested you, you are still presumed to be innocent for the purposes of the criminal justice system. Hence, it is important that you do not speak to police in regards to the nature of the offending without speaking to a lawyer first. You must inform police of your legal name, date of birth and address. However, you should not answer any further questions. You may also be required to provide your identifying particulars such as your fingerprint if you have been served with a relevant notice.

You should immediately seek legal advice as anything you say or do during the early stages of the criminal process could have a drastic impact on the outcome.

I have been charged with sexual assault or rape, but everything that happened was consensual. What can I do?

You should review our pages which provide useful information about the elements necessary to prove rape and sexual assault offences. Essentially, if your matter proceeds to trial, the prosecution must be able to prove that the complainant did not consent to the physical contact.

There are two general defences which apply specifically to consent. The first applies if the complainant voluntarily consented to the conduct subject of the charge. The second is where the defendant believed there was consent, and this belief was both objectively honest and reasonably in the circumstances. The defendant does not have to prove that consent existed, but rather the prosecution must be able to prove it did not exist.

It is important that you seek legal advice immediately.

You should try to ensure any evidence which could be used in support of consent being present is maintained. This includes text messages or messages on another application, or finding people who witnessed the interactions you had with the complainant prior to the alleged conduct. This evidence could assist your position.

The complainant has called me, what should I say?

If you have spoken to the complainant since the conduct subject to the charges occurred, ensure you advise your lawyer of this. If you have not yet spoken to the complainant, seek legal advice immediately. Police officers often use a strategy known as pretext phone calls, where the complainant will call the alleged offender under police supervision in an attempt to extract statements which could later be used as evidence. Every situation is different, and you should urgently contact us if you find yourself in these circumstances so we may provide you with tailored advice.

Sexual Offences Queensland