If you or someone you care about is facing a charge relating to sexual offences, you need accurate information about the charge.
Potts Lawyers have a team of dedicated lawyers with decades of combined experience in criminal law charges, including sexual offences, with the knowledge you need to mount the best possible defence. 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.
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.