Sexual Offences

Sexual offences are some of the most serious offences and they range from indecent assault all the way to aggravated sexual assault in company. Generally they are committed without witnesses other than the victim, which makes such charges difficult to defend because it is often the word of one person against the other. This is why you need the experienced legal representation that Paul FC McGirr can provide to guide you through the process.

The central issue in these cases is that of consent, because the lack of consent or withdrawal of consent is effectively the line at which the act becomes a criminal offence. However, it is of course possible that a person may have consensual sex, but due to anger, revenge, embarrassment or mere unhappiness of the other person, they become the subject of a criminal allegation. This is made difficult by DNA or medical evidence confirming that an act took place, thus it will become a matter of discrediting a former sexual partner, which can be traumatising for all involved.

Further difficulties arise when the complaint is made weeks, months or even years after the event allegedly occurred, by such time the possibility of obtaining alibi evidence on behalf of the accused is significantly impacted. In the case of indecent assault, most assaults leave no physical injuries or marks, there are usually no eyewitnesses other than the victim and there is often delay in the complaint if the victim was of a young age at the time. All these factors reinforce the need for expert legal representation from McGirr & Associates.

Circumstances of aggravation include the victim's age, mental or physical condition, or the relationship of the accused - e.g. a parent, teacher or other person in authority.

By virtue of the seriousness of these offences, the penalties for conviction are severe with tougher legislation and criminal procedure rules making it easier for prosecutors to achieve conviction. Furthermore, standard non-parole periods will apply and generally involve years of imprisonment. This is not aided by a system which makes it easy to make false complaints.

Therefore, it is extremely important that if you are charged with a sexual offence that you do not talk to anybody and treat the matter very seriously by obtaining the experienced legal advice of Paul FC McGirr by calling 0405 508 099. With several years experience as both a prosecutor and criminal defence lawyer, Paul is well appraised of how the system works and how to obtain the best possible outcome in what will be an emotionally distressing experience for you, your family and friends.

Please note that none of this information and commentary is designed to discount or minimise the real harm suffered by genuine victims of sexual assault in any way whatsoever.