What to Do If Accused of Sexual Assault/Rape in Australia?

Understanding the Definitions of Sexual Assault and Rape

In Australia, sexual assault and rape are serious criminal offenses:

Sexual assault refers to any indecent act without the other person’s consent, including inappropriate touching, kissing, or other forms of sexual contact.
Rape (now referred to as “sexual intercourse without consent” in NSW) involves non-consensual penetration, whether vaginal, anal, or oral.

Lack of physical violence or injury does not exempt an act from being classified as sexual assault if clear consent is not obtained.

Sexual offenses often involve:

Indecent Assault
Aggravated Indecent Assault
Sexual Touching
Aggravated Sexual Touching
Sexual Act
Aggravated Sexual Act
Observing, Filming, or Distributing Images or Videos of Private or Intimate Parts or Acts
Sexual Assault (Rape)
Aggravated Sexual Assault
Aggravated Sexual Assault in Company (Group Offense)

When Is Consent Not Valid?

Sexual consent must be voluntary, explicit, and continuous under Australian law. Consent is not valid if:

The person is intoxicated by alcohol or drugs and unable to make a rational decision.
The person is unconscious, asleep, or unaware of what is happening.
The person lacks the mental capacity due to age or intellectual disability.
The person agrees under threat, coercion, or fear.
The person agrees due to deception, such as being misled about the identity of their partner.
Consent can be withdrawn at any time during a sexual act—if one party continues after withdrawal, it may

constitute sexual assault. Marital rape is also illegal; even within a relationship, one must obtain explicit consent before engaging in sexual activity.

Further reading: Criminal lawyer Alex was invited to collaborate with the Australian government and SBS to educate the public on sexual consent.

How to Respond to a Sexual Assault Accusation?

If you are accused of sexual assault, it is crucial to:

Stay Calm and Avoid Emotional Reactions

Do not react impulsively, discuss the case on social media, or with friends. These discussions may be used as evidence in court.

Contact a Sexual Assault Defence Lawyer Immediately

Sexual assault cases are highly complex and require expert legal advice.
An experienced defence lawyer can guide you through legal procedures and formulate the best defence strategy.

Handle Police Interviews Properly

If the police request a recorded interview, you have the right to remain silent.
Do not attend a police interview without a lawyer, as anything you say can be used as evidence against you.

Legal Consequences of Sexual Assault Charges

Penalties for sexual assault and rape vary by state but may include:

Rape (Sexual Intercourse Without Consent): Up to life imprisonment (e.g., in Queensland) or a maximum of 25 years (e.g., in Victoria).
Sexual Assault: Generally, up to 10 years imprisonment, with aggravated cases resulting in longer sentences.
Weapons or Group Offenses: The maximum sentence can increase to life imprisonment.

Common Misconceptions About Sexual Assault

Many people misunderstand sexual assault laws. Examples of false beliefs include:

Sex after drinking doesn’t count as sexual assault.

Wrong! If a person is too drunk to consent, the act may be classified as sexual assault.

There’s no such thing as rape in marriage.

Wrong! If one partner does not consent, it is still a criminal offense.

Paying for sex means you can’t be accused of rape.

Wrong! If consent was conditional (e.g., using protection) and violated (e.g., removing a condom without permission), it could still be considered assault.

Kinky or BDSM activities are always legal if both parties initially agree.

Wrong! If limits are exceeded or one party withdraws consent during the act, it could be classified as sexual assault.

How to Protect Your Rights If Accused?

Preserve evidence: Save messages, chat logs, and witness information.
Follow legal procedures: Do not contact the accuser directly.
Listen to your lawyer: Do not make independent decisions without legal advice.

总结

In Australia, sexual consent must be voluntary, explicit, and ongoing. If a person is intoxicated, unconscious, or coerced, the act may constitute sexual assault.

A sexual assault accusation can severely impact your life, career, and reputation. If accused, remain calm, avoid public discussions, and seek immediate legal support. With the right legal strategy, it is possible to defend your rights and achieve the best outcome for your case.