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Defend Sexual Offence Charges in Victoria
If you’ve been charged with, or are under investigation for, a sexual offence in Victoria, act quickly. A sexual offence allegation can impact your freedom, reputation, job, family life, and future.
At Pascoe Criminal Law, our Melbourne defence lawyers specialise in:
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Defending serious sexual offence charges
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Contesting false or exaggerated allegations
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Protecting against prison, sexual offender registration and related criminal consequences
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Reducing or removing long-term impacts wherever possible
We ensure your side is heard and your rights are protected in court.
What Are Sexual Offences?
Get a no-obligation case assessment. We’ll assess your situation and outline your options.
Get a Free Case Assessment
Contact us for a free, no-obligation case assessment. This includes:
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A comprehensive analysis of your matter
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A clear breakdown of what needs to be done
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Guidance on achieving the best possible outcome
Simply fill out the form or call us on 03 9668 7600 — and we’ll get started on helping you right away.
We’re here to help you.
Specialist Defence Lawyers for Sexual Offence Charges in Victoria
Pascoe Criminal Law is a Melbourne-based criminal defence firm experienced in defending sexual offence charges across Victoria. We represent clients facing allegations such as rape, sexual assault, indecent assault, sexual activity with a minor, grooming, and child abuse material offences. If you are under investigation or facing sexual offence charges, contact our Melbourne criminal defence lawyers immediately.
What Are Sexual Offences?
Sexual offences in Victoria are serious criminal charges usually dealt with under the Crimes Act 1958 (Vic). They can involve complex issues of consent, credibility, forensic evidence, and delayed reporting.
Common sexual offence charges include:
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Rape and sexual penetration without consent
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Sexual assault and indecent assault
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Sexual activity with a child or young person
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Persistent sexual abuse of a child
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Grooming offences
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Image-based offences (sharing intimate images without consent)
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Possession, production or distribution of child abuse material
These offences can result in lengthy prison sentences, registration on the Sex Offender Register, strict supervision conditions and life-long consequences for work, travel and family.
Helpful reading: Sexual assault and indecent assault offences in Victoria explained
Defending Sexual Offence Charges
Defending a sexual offence charge requires a careful, strategic approach. At Pascoe Criminal Law, we know that many allegations arise in the context of relationship breakdowns, disputes, delayed complaints, or factual and legal arguments about whether consent between the parties did or did not occur.
Our defence strategies may include:
Disproving allegations:
Presenting evidence — such as text messages, social media messages, call records, location data or witness testimony — to contradict the complainant’s account.
Challenging credibility and reliability:
Highlighting inconsistencies in the complainant’s statements, delays in reporting, or motives to fabricate or exaggerate.
Consent and reasonable belief:
Showing that the sexual activity was consensual at law.
Mistaken identity or factual dispute:
Demonstrating that the accused was not present, or that the conduct alleged did not occur as described.
A sexual offence charge can have significant flow-on effects, including loss of employment, professional registration, community standing, and family relationships. That’s why a strong legal defence is essential.
See an example outcome: Successful defence of a sexual offence charge in Victoria (case study)
The Sexual Offence Case Process
The process can feel overwhelming if you’ve never been through it before. Here’s what typically happens:
1. Complaint and police investigation: A complaint is made to police. They may gather statements, forensic material, and digital evidence before approaching you.
2. Police interview: Police may invite you to participate in a recorded interview. It is crucial to obtain legal advice before deciding whether to answer questions.
3. Charges filed & Filing Hearing (first court date): If police decide to charge you, the matter is listed in the Magistrates’ Court. Bail conditions may be imposed.
4. Committal proceedings (for serious charges): For more serious sexual offences, the case must proceed through a committal mention, and then onto the County Court.
5. Pre-trial hearings: In some cases witnesses may be cross-examined before the trial, or the Court may have to rule upon applications to subpoena material to be used in the trial. A Judge may also also have to rule upon whether defence can ask certain questions of the complainant before the trial gets underway.
6. Trial in the County or Supreme Court: If the matter proceeds, it is usually heard before a judge and jury. Both sides present evidence, and witnesses are cross-examined.
7. Sentencing outcome: If you are found guilty or plead guilty, the judge will impose a sentence. This may include imprisonment, community orders, and sex offender registration obligations.
8. Appeal: Upon a guilty finding, an appeal against sentence, or conviction and sentence may be made to the Victorian Court of Appeal.
How We Can Help
When you contact Pascoe Criminal Law, you’ll receive clear, practical advice and proactive defence from the very first call. Here’s how we work with you:
Urgent Initial Consultation:
We’ll review your charges, explain the process, and advise on immediate next steps — including what to do about any upcoming police interview or court date. Early preparation is often key to a good defence.
Identify Your Priorities:
We focus on what matters most to you — whether that’s avoiding prison, preventing registration on the Sex Offender Register, protecting your reputation, or minimising media exposure.
Transparent Costs:
You’ll receive a detailed costs agreement upfront, so there are no surprises.
Immediate Action:
Once we’re instructed, we begin preparing your defence, obtaining the brief of evidence, gathering material, and planning strategy.
We’ve defended clients across Victoria with proven results in having charges withdrawn, downgraded, or dismissed, and in securing more favourable sentencing outcomes.
Understanding the Legal Framework for Sexual Offences
Sexual offence charges in Victoria are governed primarily by the Crimes Act 1958 (Vic) and related legislation. These matters involve strict legal tests, complex evidentiary rules, and serious consequences, making early legal advice critical.
Below is an overview of key legal concepts relevant to sexual offence charges.
Types of Sexual Offences
Sexual offences may include:
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Offences involving lack of consent, such as rape, sexual assault, and indecent assault
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Offences involving children or young persons
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Grooming and persistent sexual abuse offences
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Image-based offences and child abuse material offences
Each charge carries different legal elements, maximum penalties, and potential consequences. In many cases, conviction may result in mandatory registration on the Sex Offender Register.
Consent and the Law
Under Victorian law, consent must be free and voluntary. The law also defines circumstances where a person cannot legally consent, and situations where it may be unreasonable to believe consent was given.
This may include circumstances where the complainant:
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Is a minor
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Is asleep or unconscious
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Is heavily intoxicated or affected by drugs
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Is threatened, coerced, or under pressure
Understanding how consent is defined — and how it applies to the facts of a particular case — is often central to building a defence.
Indictable vs Summary Offences and Court Levels
Many sexual offences are indictable offences and will ultimately be heard in the County Court of Victoria, often before a judge and jury.
Some lower-level or historical matters may be dealt with summarily in the Magistrates’ Court, provided the Court’s sentencing jurisdiction is not exceeded (generally up to 2 years for a single offence or 5 years for multiple offences).
Investigation and Charge Process
Sexual offence matters typically progress through the following stages:
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Complaint made to police
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Police investigation and evidence gathering
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Police interview (if requested)
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Charges filed
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Filing Hearing (first court appearance)
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Committal mention (for indictable matters)
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Directions hearings and case conferences
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Pre-trial applications and hearings
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Trial or sentencing hearing
Early legal advice can influence decisions made at multiple stages of this process, including whether charges proceed, how evidence is challenged, and what defence options are available.
Penalties and Sex Offender Registration
Many sexual offences carry serious penalties, including:
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Significant terms of imprisonment
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Community Correction Orders
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Fines or restitution orders
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Mandatory Sex Offender Registration
Sex offender registration can impose strict reporting obligations and long-term restrictions on employment, travel, and living arrangements. Understanding this risk early is critical in planning a defence strategy.
Appeals and Sentence Reviews
If you are found guilty or sentenced, you may have options to:
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Appeal against conviction and sentence
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Appeal against sentence only
Strict time limits apply, so it’s important to seek legal advice as soon as possible after sentence.
Helpful reading:
Sex Offender Registration Act in Victoria – obligations and consequences
Applying to suspend sex offender reporting requirements in Victoria
Case Studies: Our Results in Sexual Offence Defence
Our firm has a track record of achieving positive outcomes for clients facing sexual offence allegations, including:
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Successful defence of a sexual offence charge in Victoria (case study)
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Breach of sex offender reporting obligations in Victoria – legal case study
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Rape trial in Victoria resulting in a not guilty verdict (case study)
(Outcomes depend on the facts of each case. Past results do not guarantee future outcomes.)
Courts We Appear In
We regularly appear in courts across Melbourne and Victoria, defending clients in sexual offence matters. Local knowledge of magistrates, judges, prosecutors, and court processes can make a significant difference to your case.
If you’re facing sexual offence charges in any of the above courts, our lawyers can represent you.
Checklist: What To Do If You’re Accused of a Sexual Offence
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Do not contact the complainant — directly or indirectly.
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Do not discuss the case on social media or with others.
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Read all paperwork carefully — note any court dates and bail conditions.
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Do not participate in a police interview without legal advice.
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Seek urgent legal advice — contact Pascoe Criminal Law immediately.
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Gather evidence — texts, emails, photos, social media, location data, or witness details that may support your account.
Glossary of Key Terms
Rape / Sexual Penetration Without Consent:
Sexual penetration where the complainant did not consent and/or the accused did not reasonably believe they consented.
Sexual Assault / Indecent Assault:
Sexual touching or conduct without consent.
Committal proceeding:
A preliminary hearing in the Magistrates’ Court where the case is formally transferred to the County Court.
Indictable Offence:
A more serious offence usually heard in the County or Supreme Court.
Sex Offender Register:
A scheme requiring certain offenders to report to police and comply with ongoing conditions.
Bail:
A court’s permission to remain in the community while your case proceeds, usually subject to conditions.
FAQs About Sexual Offence Charges in Victoria
What is classed as a sexual offence in Victoria?
Sexual offences cover a range of behaviour, including rape, sexual assault, indecent assault, sexual activity with a minor, grooming, and child abuse material offences. Each charge has specific legal elements the prosecution must prove.
Can I be charged even if there is no physical or forensic evidence?
Yes. Many sexual offence cases proceed based largely on the complainant’s account. These cases often turn on credibility, consistency, and the surrounding circumstances.
What if the allegation is false or exaggerated?
False or exaggerated allegations can occur. We explore inconsistencies, motive, delay in complaint, and supporting material (messages, social media, witnesses) to challenge the reliability of the allegation.
Will I be placed on the Sex Offender Register if convicted?
Many sexual offences carry mandatory registration. Whether registration applies, and for how long, depends on the specific charge and circumstances.
Can a sexual offence charge affect my employment and travel?
Yes. A conviction can impact professional licences, Working With Children Checks, overseas travel (including visas), and future job prospects. Even without conviction, the stress and reputational impact can be significant.
What evidence helps defend a sexual offence charge?
Useful evidence can include:
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Text messages, emails or social media showing the nature of the relationship
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Call logs and location data
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Witnesses who saw you before, during, or after the alleged incident
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Records contradicting the complainant’s account
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Prior inconsistent statements or motives to fabricate
The stronger and more coherent your evidence, the better your prospects of defending the charge.
Will my case go to a jury trial?
Most serious sexual offences are ultimately heard in the County Court before a jury. Some matters may be resolved earlier through withdrawal, negotiation, or pleas to alternative charges.
Can I appeal if I’m found guilty?
Yes. In many cases you can appeal against conviction, sentence, or both. Strict time limits apply, so it’s important to obtain advice promptly after sentence.
Can sexual offence allegations be false or exaggerated?
Yes. False or exaggerated allegations can occur in sexual offence cases. Making a false or misleading criminal complaint is serious, and allegations may arise due to relationship breakdowns, disputes, misunderstandings, or other motives.
If you have been falsely accused, a defence lawyer can analyse the evidence, expose inconsistencies in statements, obtain supporting material (such as messages, records, or witness evidence), and seek to have charges withdrawn or dismissed where appropriate. Demonstrating that an allegation is unreliable can significantly strengthen your defence and help protect your reputation.
How does consent affect a sexual offence charge in Victoria?
In many sexual offence matters, the key issue is not whether sexual activity occurred, but whether it was consensual under the law. Consent must be free and voluntary, and the law sets out situations where a person cannot legally consent.
Consent can be raised as part of a defence, but its application depends on the specific facts of the case and how the law applies to those circumstances.
What is “reasonable belief in consent” under Victorian law?
Victorian law considers not only whether consent existed, but whether the accused had a reasonable belief that the other person was consenting at the time. This assessment takes into account the surrounding circumstances and the steps taken to ascertain consent.
Establishing reasonable belief in consent can be a critical issue in defending sexual offence charges and requires careful legal analysis of the evidence and applicable law.
Helpful Resources on Sexual Offence Charges
For more in-depth insights, read our full blog library:
