The number of sexual assault cases in Sydney and other parts of New South Wales is rapidly surging in recent times. Merrylands, Greystanes, and Lidcombe, parts of the Cumberland Council Area in western Sydney, recorded the most significant increase of sexual assault in the state at 53.9% year-on-year.
But, not all cases are legit, and many people are convicted without actually committing a crime. If you have been accused of a sexual offense wrongfully, you have to immediately contact a sexual assault lawyer Sydney before talking to the police.
From investigating the case from scratch to proving your innocence, here is how a sexual assault lawyer handles a case.
Sexual Assault in Sydney
In the wake of the Royal Commission into institutional child abuse, many sexual offenses in Sydney and other parts of New South Wales have been strengthened, and indecent assault has also been replaced with “sexual touching” under Section 61KC Crimes Act 1900.
An experienced sexual assault lawyer in Sydney will develop a strong defence based on any of the following premises:
- Insufficient Evidence
- Mistaken Identity or Mistaken Eyewitness Identification
- By proving that no sexual contact occurred
- It was consensual sex
The lawyer can build a defence with solid proof based on any of these options to help prove your innocence.
Negotiation with Law Enforcement
There are severe penalties for people charged with sexual assault and sexual touching cases in Sydney. Some of the least serious and the most dreadful penalties include:
- Full-Time imprisonment
- Conditional Release
- Intensive correction order
- Community Correction Order
As the sex crime accusations are taken very seriously in Sydney, the authorities arrest people first and ask questions later in many situations. However, if you have an attorney by your side, it will be easier to present your side of the story to law enforcement and ultimately prove your innocence.
Prove That Your Actions Were Reasonable In the Circumstance
To prove that you are not guilty, your attorney will help show that you believed your actions were reasonable in the circumstances. As the court will assess the situation from your perspective, you have to work with the sexual assault lawyer in Sydney and solidify your part of the story.
If the attorney builds a strong defence with the reasoning and proves that you honestly believed that your actions were reasonable, there are high chances of the court dropping the charges.
Find Loopholes in Alleged Evidence
An experienced sexual assault attorney from Sydney understands that the complainant’s statements alone are not enough to convict you. So the attorney will go through various disclosed police materials, including reports and evidence presented against you.
The lawyer may even interview witnesses and gather other favourable materials to discredit the case. Running a background check on the other party to check whether they have been convicted of any offenses or fraud will help establish dishonesty on the opponent’s statements and evidence.
If your lawyer collects enough evidence and finds any advantageous loopholes in the documents, you will have a good chance of proving your innocence during the trial.
As Sydney’s sexual assault penalties can be very severe, it can be challenging to handle the case, especially if you are innocent. With an experienced lawyer to back you up, you will be able to face the trials and plead “not guilty” with more confidence.