Updated March 4, 2020
Updated March 4, 2020
The article Why it’s Best to Get a Specialist Lawyer for Sex Offences is written by Kristina Kothrakis, Director, Accredited Criminal Law Specialist, Doogue + George Defence Lawyers.
Kristina is a solicitor advocate with an exceptional practice in the appellant jurisdiction. She has won numerous conviction and sentence appeals both in the County Courts and Court of Appeals.
Apart from her law degree, Kristina also has a Bachelor of Science with a major in Psychology (and a minor in Chemistry). This has proven notably useful when dealing with clients who suffer from mental health issues. Kristina is also a member of the Executive Committee of the Criminal Law Section of LIV and is a Leading Lawyer in the Doyles Guide 2025.
Sexual offences are a specialist area of criminal law requiring tailored defence strategies which consider unique rules of evidence, the sensitives of complainants and an understanding of likely outcomes.
Here are some things to consider.
Sexual offences are incredibly complex and early preparation is key. This is particularly the case when a false complaint has been made.
Gaining early information about the nature of a complaint and the complainant is crucial to ensure accusations can be contested.
This may involve gathering evidence through a private investigator, subpoenaing telephone records, downloading social media content, detailing banking records and various other investigation.
Early evidence gathering is used to anticipate issues at trial, including:
There are many potential defences to charges of rape and sexual assault. These include:
Lawyers who specialise in sexual offence matters understand the nuances of putting forward this sort of defence to a rape charge. This includes an understanding of the kind of evidence required to substantiate your case.
Sexual offences have unique rules regarding the admissibility of evidence and the conduct of criminal trials. Specialist procedures apply to the admissibility of:
It’s crucial that your defence lawyer understands what is and isn’t allowed in preparing a case for trial.
This can include preparing specialist applications to admit certain forms of evidence that help your case and exclude evidence that hurts your case.
For example, in Victoria evidence of a prior conviction of a sexual offence can only be admitted at trial (for either a tendency or coincident purpose) if it has “significant probative value which substantially outweighs any prejudicial effect it may have on the defendant”.
Sexual offences are one of the most stigmatised offences to be charged with. There is a large amount of cultural pressure for police and prosecutors to believe the complainant and secure a conviction.
Whilst it’s incredibly difficult for victims of sexual abuse to report matters to police, it’s very easy for liars. A specialist lawyer understands the nuances of conducting a case given the current climate. This involves treating complainants with respectfully whilst conducting robust cross-examinations to test the evidence and expose liars.
It requires an in-depth understanding of the potential causes of false accusations, including issues with memory, personality disorders and mental health issues.
Doogue + George criminal defence lawyers are specialist sexual offence lawyers with decades of experience preparing defences in this area and defending sex offences.
Our lawyers have secured many wins against accusations of rape and sexual assault, including hundreds of committal and jury trials.
To help you understand your options further, we have prepared a lengthy document about ‘Dealing With Allegations of Sexual Assault’.
Don’t delay in getting advice on current or anticipated charges, contact us.
Date Published: 4 March 2020
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
