top of page
omurden-cengiz-AyAzrZsp1ps-unsplash.jpg

Sexual Offences

Sexual offences in Victoria are primarily governed by the Crimes Act 1958 (Vic), which defines a variety of crimes related to sexual violence and exploitation. These crimes vary in gravity, but all are treated with utmost seriousness. Here at Rebecca Burdon Legal we are experienced Melbourne criminal law advocates, who strive for results outline the Act address a range of sexual crimes: 

​​

  • Section 38 – Rape: Rape is defined as engaging in sexual intercourse without the victim's consent. The offender can face up to 25 years in prison, with harsher penalties if aggravating factors are present.
     

  • Section 39 – Sexual Assault: Sexual assault involves unwanted sexual contact or acts, including groping. Penalties vary based on severity but can be up to 10 years in prison.
     

  • Section 39 – Indecent Assault: Indecent assault refers to unwanted sexual touching. Penalties can range from several years to life imprisonment, depending on the circumstances.
     

  • Sections 49 and 51 – Sexual Exploitation of Children: This includes engaging in sexual activities with minors or distributing child exploitation material. Offenders face up to 25 years or life imprisonment.
     

  • Section 50 – Incest: Incest refers to sexual activity between close family members. It carries a penalty of up to 25 years in prison, with harsher penalties for coercion or exploitation.

Experienced Criminal Lawyers Defending Your Rights in Sexual Offence Cases

​​​

If you're facing a sexual offence charge or need assistance navigating the legal system, our experienced team at Rebecca Burdon Legal & Consulting is here to provide expert support. Contact us today to discuss your case and ensure you receive the dedicated legal assistance you deserve.

rape.jpg

Rape

  • Rape (Sexual Penetration) involves engaging in sexual intercourse without the victim's consent. It is defined by the absence of voluntary and free consent from the victim, and the offender must have intentionally committed the act without a reasonable belief that the victim consented.
     

  • Possible Penalties: The maximum penalty for rape is 25 years imprisonment. Aggravating factors such as the use of force or threats, or if the victim is particularly vulnerable, can result in even harsher penalties.

claudia-soraya-3m15w5sirVs-unsplash.jpg

Sexual Assault

  • Sexual assault involves any unwanted sexual contact or act, such as groping or other forms of sexual touching. It can occur without intercourse but still violates the victim's bodily autonomy and personal space.
    ​

  • Possible Penalties: The penalty for sexual assault can range up to 10 years imprisonment, with more severe penalties for cases involving greater harm or aggravating factors.

images.jpg

Indecent Assault

  • Indecent assault refers to unwanted sexual touching of a non-consensual nature. This category includes acts of inappropriate sexual behaviour that do not involve intercourse but still constitute serious violations of personal boundaries.
     

  • Possible Penalties: Indecent assault can result in imprisonment for several years or, in more serious cases, up to life imprisonment, depending on the nature of the act and the victim's vulnerability.

omurden-cengiz-AyAzrZsp1ps-unsplash.jpg

Incest

  • Incest refers to sexual intercourse or other sexual activity between close family members, such as siblings or a parent and child. It is a crime, even if both parties consent, due to the severe impact it can have on familial relationships.
     

  • Possible Penalties: Incest is punishable by up to 25 years in prison, and penalties may be even harsher in cases involving coercion, manipulation, or exploitation.

olika2608-6dD06ZGpE7c-unsplash.jpg

Sexual Exploitation of Children

  • The sexual exploitation of children includes acts such as engaging in sexual activity with minors (under 16 years old) or creating, possessing, or distributing child exploitation material. These crimes are treated as extremely serious offenses under Victorian law.
     

  • Possible Penalties: Offenders may face up to 25 years in prison, or life imprisonment in cases involving the creation or distribution of child exploitation material.

vlad-patana-UpYtz332lFs-unsplash.jpg

Sexting and Image-Based Abuse

  • Sexting and image-based abuse involve the sharing or distribution of intimate images or videos without consent. It is a growing issue due to the rise of digital technology, often referred to as "revenge porn."

​

  • The Crimes Act 1958 (Vic) and the Privacy and Data Protection Act 2014 (Vic) address image-based abuse and the unlawful sharing of intimate images.
     

  • Possible Penalties: Offenders may face fines or imprisonment for up to 3 years for unlawfully sharing intimate images or videos without consent.

baran-lotfollahi-Q8LDL1pS3ig-unsplash.jpg

Sexual Harassment

  • Sexual harassment includes inappropriate sexual comments, advances, or behaviours that create a hostile or intimidating environment for the victim. It can involve verbal, non-verbal, or physical harassment.
     

  • Possible Penalties: While typically addressed through civil law, repeat offenders or those whose harassment escalates to assault may face criminal charges, resulting in imprisonment or fines depending on the severity.

Penalties for Sexual Offences in Victoria

The penalties available to a court in Victorian sexual offence cases can vary and are dependent on severity of the offence, the circumstances surrounding the case, and whether the offender has a prior criminal record. Sexual offences are typically divided into "summary" offences (less severe offences) and "indictable" offences (more serious crimes), with indictable offences carrying more severe penalties.

Common Penalties for Sexual Offences

​​
Imprisonment
For serious sexual offences such as rape, sexual assault, and sexual exploitation of children, the penalties can be severe. Offenders may face imprisonment for many years, with some crimes carrying maximum sentences of 25 years or more.
​
Fines

Fines are more commonly imposed in civil cases, such as in the case of sexual harassment, but can also accompany criminal charges.
 

Community Orders and Rehabilitation

In some cases, the court may impose community-based orders or rehabilitation programs, particularly for those convicted of less severe sexual offences or first-time offenders.
 

Legal Defences for Sexual Offences

​

Consent
The accused  may argue that the victim consented to the sexual activity. However, it is the responsibility of the accused to prove that the consent was given voluntarily and without manipulation or coercion.

​

Mistake of Fact
The defendant may argue that they had a genuine, but mistaken belief that the victim consented.

Mental Impairment

In rare cases, an individual may argue that they were not mentally capable of understanding the nature of their actions at the time of the offence.

Reasons Why You Need a Criminal Defence Lawyer Melbourne

Sexual offences in Victoria are taken seriously by the legal system. If you are facing a sexual offence charge, seeking legal advice is critical. At Rebecca Burdon Legal & Consulting, our experienced team can help you navigate the legal process and work towards the best possible outcome. Contact us today for expert legal guidance.
 

You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.

 

Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.

 

Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.

 

Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.

Assessing Melbourne Criminal Law Firms? Why Choose Us?

Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.

For further information on some of the frequent types of crimes and charges we deal with include:

​

bottom of page