Sexual Assault Defence Lawyers in Brisbane
Charged With a Sexual Offence? You Need a Specialist Sexual Assault Lawyer on Your Side
Our sexual assault lawyer team stands by your side, offering clarity amid the chaos and fighting tirelessly for your rights and your future.
Charged with sexual assault? Our director, Justin Sibley, is a former police officer and barrister whose investigative experience included work in the Child Abuse and Sexual Assault Investigations Unit. He understands that you may be facing a storm of emotions, including fear, confusion, embarrassment and isolation.
The potential penalties, the effect on your record and the impact on your life can feel overwhelming, but you do not have to face it alone.
We understand the intricacies of sexual assault and child abuse-related cases, including allegations involving the possession and distribution of child exploitation material, and we are dedicated to helping you navigate this difficult time.
Why Our Sexual Assault And Child Abuse Defence Lawyer Team Is Your Best Defence
When you are facing sexual assault or child abuse-related charges, experience matters.
At Sibley Lawyers, we have experience representing clients facing serious criminal allegations. Our team’s understanding of Queensland’s Criminal Code, criminal procedure and courtroom advocacy means we are prepared to examine the evidence, explain your options and defend your rights.
We offer more than legal knowledge. Our team includes former police, prosecution and barrister experience, providing practical insight into how investigations are conducted, how evidence is gathered and how prosecution briefs are prepared.
This background allows us to identify issues in the evidence, prepare proactive defence strategies, and ensure your account is properly considered.
When the stakes are this high, you deserve experienced and focused representation. At Sibley Lawyers, we are not just legal professionals. We are your advocates and partners throughout the investigation and court process.
Seasoned Sexual Assault Defence Lawyers
Ex-Law Enforcement Insight
Skilled Former Barristers
Unwavering Commitment
Extensive experience handling assault cases of all complexities
Personalised Attention
Premium Representation
Your Allies in the Fight for Justice
We are not just another sexual assault defence lawyer firm. We are a team of dedicated professionals united by a commitment to protecting the rights of people accused of serious offences.
Our boutique approach allows us to provide each client with the personalised attention and meticulous care their case deserves.
We understand that facing criminal charges can be one of life’s most challenging experiences. We are here to guide you through every step, offering legal experience, clear advice, support and discretion.
Our sexual assault and child abuse defence lawyers bring criminal law, advocacy and law-enforcement experience to these matters. Our team also includes former barristers who are prepared to represent clients facing complex and serious allegations in court.
When you choose Sibley Lawyers, you are not simply hiring a lawyer. You are gaining a committed legal team that will advocate firmly to protect your rights, your reputation and your future.
Call Sibley Lawyers today. Your freedom is worth fighting for
Your Future Starts Now
Don’t leave your future to chance. The sooner you contact us, the sooner we can start building your defence. We offer a free, no-obligation consultation to discuss your case and explain how we can help. Remember, you are not alone in this fight.
Take the First Step Towards a Stronger Defence
Free Consultation
Discuss your case with an experienced sexual assault and child abuse defence lawyer
Confidential Advice
No judgement, just honest and straightforward legal guidance
Personalised Strategy
Develop a defence plan tailored to your unique circumstances
Peace of Mind
Gain the confidence that comes from having a trusted legal team on your side
We Understand the Weight You Carry
Facing Sexual Assault Charges? Don't Face Them Alone
The anxiety. The sleepless nights. The fear of the unknown.
When you are facing sexual assault or child abuse-related charges, it can feel as though your whole world is crumbling. You might feel isolated, judged and unsure where to turn.
The legal system can be complex and intimidating, and the consequences of a conviction can be severe.
At Sibley Lawyers, we understand the emotional toll these charges can take. We are not just here to provide legal defence. We are here to listen, answer your questions honestly and guide you through the process.
We will carefully examine the allegation and available evidence and prepare a defence strategy based on the facts and applicable law.
Do not let fear dictate your future. Contact Sibley Lawyers for confidential advice from an experienced criminal defence team.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
FEATURED
Your First Consultation is Just a Click Away
Ready to Reclaim Your Future?
The longer you wait, the more challenging your case may become. Every moment matters when defending against assault charges. Don’t let hesitation cost you your freedom or your peace of mind. Take control of your situation today. Contact our sexual assault and child abuse lawyer team and experience the difference a dedicated, experienced legal team can make. Your future is worth fighting for, and we’re all prepared to fight alongside you.
Comprehensive Defence Strategies
Our assault lawyer team is not just familiar with assault law – we specialise in it. Our extensive experience handling a wide spectrum of assault cases has equipped us with the knowledge and skills to navigate even the most intricate legal challenges.
Sexual Assault Defence
Sexual assault charges can carry significant penalties and affect every part of your life.
Some sexual assault charges may be dealt with in the Magistrates Court where the statutory requirements for summary jurisdiction are met. These requirements can include the nature of the charge, the age of the complainant, whether an aggravating circumstance is alleged and whether the defendant pleads guilty.
Contested indictable matters generally begin in the Magistrates Court and proceed through a committal process before trial in the District Court.
We carefully examine the details of your case, assess the elements the prosecution must prove, identify any weaknesses or inconsistencies in the evidence and prepare a defence strategy suited to your circumstances.
Rape and Indecent Dealing Offences Defence
These charges involve serious sexual-offence allegations, either because the prosecution alleges a lack of consent involving an adult or because the complainant was legally incapable of consenting due to their age.
Sexual offence proceedings can involve specialised rules about how evidence is received. These may include recorded statements under section 93A of the Evidence Act 1977, protections and arrangements for special witnesses under section 21A, and restrictions on evidence concerning a complainant’s sexual reputation or sexual activities.
These cases demand a particularly careful and strategic defence. We examine the allegation, gather relevant evidence and assess whether the prosecution can prove every element of the charge beyond reasonable doubt.
Child Exploitation Material
Possessing, making, distributing or procuring child exploitation material is a serious and legally complex allegation.
Our child abuse defence lawyers understand the sensitive nature of these cases and approach them with discretion and care.
These matters may involve Queensland or Commonwealth offences, creating additional complexity in relation to the charge, the evidence and the sentencing framework.
Investigations may rely on electronic devices, cloud accounts, online communications, internet records and forensic examinations. We examine how the material was allegedly obtained, accessed, possessed, controlled or distributed and whether the prosecution can prove each element.
Child exploitation material offences carry substantial maximum penalties and can result in imprisonment. The applicable sentencing principles depend on the particular offence, legislation and circumstances.
We help you navigate the legal process, protect your rights and work towards an appropriate resolution based on the evidence.
Sexual Assault and Child Abuse Defence
Sexual assault accusations can be devastating, both personally and legally. We approach these cases with sensitivity and discretion, recognising the profound impact they can have on everyone involved. We carefully examine the prosecution evidence, consider your instructions and identify any inconsistencies or gaps that may be relevant to your defence.
A Step-by-Step Guide to Your Defence
Confidential Consultation
In-Depth Case Evaluation
Once we have a comprehensive understanding of your case, our team will meticulously analyse all available evidence. This includes police reports, witness statements, medical records, and any other relevant information. We leave no stone unturned in our pursuit of the truth, identifying potential weaknesses in the prosecution’s case and uncovering opportunities to build a robust defence.
Expert Legal Analysis
Tailored Defence Strategy
Relentless Advocacy
Ongoing Support
Throughout the entire process, our assault lawyer team will keep you informed and involved. We’ll explain legal jargon in plain language, answer your questions promptly, and provide emotional support during this challenging time.
Sexual Offences We Defend, and Their Maximum Penalties
The maximum penalties for sexual offences in Queensland depend on the charge, the age of the complainant and whether any aggravating circumstances apply. The table below provides a general overview of several offences under the Criminal Code 1899 (Qld).
| Sexual offence | Criminal Code provision | Maximum penalty in Queensland |
|---|---|---|
| Rape | Section 349 | Life imprisonment |
| Sexual assault | Section 352 | 10 years’ imprisonment, increasing to 14 years in aggravated circumstances |
| Indecent treatment of a child under 16 | Section 210 | 14 years’ imprisonment, increasing to 20 years where the child is under 12 |
| Maintaining a sexual relationship with a child | Section 229B | Life imprisonment |
| Unlawful carnal knowledge of a child under 16 | Section 215 | Up to 14 years’ imprisonment, depending on the child’s age and the circumstances |
| Incest | Section 222 | Life imprisonment |
| Observations or recordings in breach of privacy | Section 227A | Up to 3 years’ imprisonment |
| Making child exploitation material | Section 228B | Up to 20 years’ imprisonment |
| Distributing child exploitation material | Section 228C | Up to 20 years’ imprisonment |
| Possessing child exploitation material | Section 228D | Up to 14 years’ imprisonment |
We also defend aggravated sexual assault, grooming allegations and online offences, including charges involving the alleged use of the internet to procure a child. Many sexual offence charges are serious indictable offences that may proceed in the District or Supreme Court, making early legal advice particularly important.
These are maximum penalties set by legislation and are not a prediction of the sentence that will be imposed in an individual case. The court considers the specific charge, evidence, plea, circumstances of the offence and other relevant sentencing factors.
Defences to Sexual Offence Charges
The right defence depends on the precise charge and the available evidence.
Issues that may arise include:
- Consent, where the sexual activity was consensual and consent is legally relevant to the charge
- Honest and reasonable belief in consent, where the prosecution must disprove that belief under the applicable law
- A statutory age-belief defence, where the child-related offence permits that defence
- Mistaken identity, where you are not the person responsible for the alleged conduct
- Whether the alleged act occurred, including inconsistencies or gaps in the evidence
- The reliability of witness evidence, including prior statements and surrounding circumstances
- The reliability of medical, forensic or electronic evidence
- Whether evidence was lawfully obtained and is admissible
- Whether the prosecution can prove each element of the charge beyond reasonable doubt
The Court Process for a Sexual Offence Charge
A sexual offence matter generally begins in the Magistrates Court.
Depending on the charge, plea and statutory requirements, the matter may be dealt with summarily or proceed through a committal process before being transferred to the District or Supreme Court.
A committal may take place through a hearing, registry process or another available procedure. Not every matter involves a contested committal hearing.
Trials for indictable sexual offences are generally heard before a jury, although a judge-alone trial may be available where the statutory requirements are met and the court makes the necessary order.
Bail is assessed under the Bail Act 1980. Some charges or circumstances may place a person in a show-cause position, but sexual offences do not automatically attract the same bail test in every matter.
We guide you through every required stage, including:
- first appearances and mentions;
- bail applications;
- disclosure and evidence review;
- negotiations and representations;
- committal proceedings;
- pleas and sentencing;
- District or Supreme Court trials; and
- appeals.
How Consent Works in Queensland
Consent under Queensland law means free and voluntary agreement.
Consent may be withdrawn at any time. A person is not taken to consent merely because they did not physically or verbally resist.
Consent to one sexual act does not automatically amount to consent to another act. Consent on one occasion does not automatically amount to consent on another occasion, and consent involving one person does not amount to consent involving another person.
The Criminal Code identifies circumstances in which consent is absent. These include where a person:
- does not say or do anything to communicate consent;
- lacks the capacity to consent;
- is asleep or unconscious;
- is so affected by alcohol or another drug that they cannot consent;
- participates because of force, fear, coercion, intimidation or an abuse of authority;
- is unlawfully detained; or
- is mistaken about the sexual nature of the act or the identity of the other person.
Consent may be the central issue in some sexual assault or rape proceedings. In other matters, the dispute may concern identification, whether the alleged act occurred or another element of the offence.
What to Do if You Are Accused
Do not participate in a police interview or provide a detailed account of the allegation before obtaining legal advice.
You may still be legally required to provide certain identifying information, including your name and address, in particular circumstances.
Do not contact the complainant or another person you have been directed not to contact. This applies even if the complainant contacts you first.
Contact may breach bail conditions, a domestic violence order, a police direction or another legal restriction.
Do not delete messages, call records, photographs, videos, location data or other material that may support your account or become relevant to the investigation.
Preserve the material and obtain legal advice about how to respond to police.
For non-sexual violence charges such as common assault or assault occasioning bodily harm, see our assault defence page.
For the full range of charges we defend, see our criminal law services.
Frequently Asked Questions
What Is the Punishment for Sexual Assault in Queensland?
The punishment for sexual assault in Queensland depends on the conduct and circumstances alleged.
The base sexual assault offence under section 352 of the Criminal Code 1899 carries a maximum penalty of 10 years’ imprisonment.
The maximum increases to 14 years where the offence involves specified mouth-to-genital or mouth-to-anus contact. It can increase to life imprisonment in other specified circumstances, including where the offender is armed or pretends to be armed, acts in company or where particular forms of penetration occur.
Rape under section 349 carries a maximum penalty of life imprisonment. These are maximum penalties and are not predictions of the sentence that will be imposed in an individual matter.
What Is Aggravated Sexual Assault?
Aggravated sexual assault is generally a sexual assault under section 352 committed in circumstances that increase the applicable maximum penalty.
Specified oral contact can increase the maximum penalty from 10 years to 14 years. Other circumstances, including being armed or pretending to be armed, acting in company or particular forms of penetration, can increase the maximum penalty to life imprisonment.
The prosecution must prove the underlying sexual assault and the circumstance relied on to increase the maximum penalty.
I Have Just Been Arrested for a Sexual Offence. What Should I Do?
If you have been arrested for a sexual offence, ask to speak with a lawyer before participating in a police interview or giving a detailed account of the allegation.
You may still be required to provide certain identifying information. Do not contact the complainant or anyone you have been directed not to contact.
Preserve messages, call records, photographs, videos, location information and other potentially relevant material rather than deleting or altering it.
Read any bail, protection, police or court documents carefully and obtain legal advice about the charge, interview process, conditions and upcoming court date.
Everything That Happened Was Consensual. What Can I Do?
If you say that everything that happened was consensual, obtain legal advice about how consent applies to the particular charge.
Queensland law defines consent as free and voluntary agreement. Consent may be withdrawn at any time, and a lack of physical or verbal resistance does not itself establish consent.
Relevant evidence may include messages, calls, witness accounts, electronic records and the circumstances before, during and after the alleged event.
Consent is not legally available as a defence to every child-related offence, so the precise charge, age and statutory provisions must be examined.
The Complainant Has Contacted Me. What Should I Say?
If the complainant has contacted you, do not assume that you are permitted to respond.
A reply may breach a bail condition, domestic violence order, police direction or another restriction, even where the complainant initiated the contact.
Keep the message or other communication, do not delete it and show it to your lawyer. Obtain legal advice before replying or taking further action.
These FAQs are general information only and do not constitute legal advice. The law is complex and fact-specific. You should seek independent legal advice for your particular situation.
From the very first meeting, you'll feel the difference that comes from working with a team that prioritises communication, compassion, and results. We'll be your trusted advisors and fierce advocates, guiding you towards a brighter future.
OTher services
Legal Insights
Stay informed about the latest legal developments and gain valuable insights by reading our blog. We regularly publish articles on a variety of legal topics.
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
Your Future is Calling
Now is Your Chance to Take Back Control
You’ve read about our experience, our commitment, our unwavering dedication to securing justice for our clients. Now, it’s time to take the next step. Don’t let fear or uncertainty hold you back any longer. Contact our assault lawyer team today and let us be the voice that champions your rights, the shield that protects your future, and the partner that guides you towards a brighter tomorrow.
Join Our Mailing List
Sign up for our newsletter to receive updates on legal news, firm announcements, and helpful resources.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
