Sexual offences are definitely one of the most serious and heinous of crime categories, and this is reflected by the harsh penalties handed down for crimes under this category – particularly where there have been aggravating circumstances, or the involvement of children, in a sexual offence.
According to QLD Law a charge of Sexual Assault, under Section 352 of the Criminal Code indicates that any person who unlawfully and indecently assaults another person; or procures another person, without the person's consent and commits an act of gross indecency; or witnesses an act of gross indecency by a person or any other person is guilty of a crime
Any person who has sexual intercourse with a person without gaining consent from the person and who knew that the person did not consent to the act of sexual intercourse could be imprisoned for 20 years.
The legal definition of a sexual offence does not only comprise of physical forms of contact, but also extends to cover acts of exposure, child exploitation material and attempts to commit a sexual crime (regardless of whether the victim was actually assaulted or not).
In Queensland, sexual offences are primarily covered under The Criminal Code 1899 (QLD), with some offences also covered under the Summary Offences Act 2005 (QLD).
When a person is accused of a sexual offence, the circumstances surrounding the incident are not always clear. Often the victim over emphasises the incident and wrongfully accuses the alleged offender. Even though penalties for sexual offences are harsh in Queensland it doesn’t mean that someone who has been wrongfully accused needs to accept the penalties without putting up a defence.
An experienced Queensland lawyer knows what penalty fits the crime and will ensure that the prosecution does not overstep the mark when presenting the case in front of the court.