Sexual Offences / Child Pornography Offences

Sexual offences are intricate and deeply concerning matters that impact numerous individuals and communities in Queensland.

These offences encompass various unlawful behaviors that violate the boundaries of consent and respect, often occurring within interpersonal relationships.

• Queensland law provides a framework for addressing sex offences, including sexual assault, harassment, and exploitation. • Alleged victims have the option to seek legal protection through various legal mechanisms. •  Violating the conditions of a Protection Order in cases of sexual offences is considered a criminal offence, subject to legal consequences and penalties.

AREAS OF EXPERTISE
  • Rape
  • Sexual Assaults
  • Unlawful stalking
  • Maintaining a relationship with a child
  • Unlawful carnal knowledge
  • Unlawful sodomy
  • Indecent treatment of children under 16
  • Incest
  • Indecent Acts
  • Observations of recordings in breach of privacy
  • Distributing child exploitation material
  • Possessing child exploitation material
  • Unlawful drink spiking

Common Questions

Penalties for sex offences in Queensland vary depending on the nature of the offence, the age of the victim, and other factors. They can range from fines and probation to lengthy imprisonment.

Legal defences may include consent (in cases where both parties are of legal age and consented), mistaken identity, alibi, or lack of evidence to prove guilt beyond a reasonable doubt.

01What constitutes a sex offence in Queensland?

In Queensland, sex offences encompass a wide range of criminal acts related to sexual activity.

These offences can include rape, sexual assault, child sexual abuse, indecent treatment of a child, possession of child exploitation material, and more.

The specific elements of each offence vary, but they generally involve non-consensual sexual activity or exploitation of minors.

02What is the legal age of consent in Queensland?

In Queensland, the legal age of consent is generally set at 16 years old. However, there are some exceptions and considerations to be aware of:

  1. Close Age Exemption: Queensland law provides for a close age exemption. This means that if both parties engaging in sexual activity are between the ages of 12 and 16 and are less than two years apart in age, they may not be prosecuted for sexual activity. This exemption is in place to prevent consensual sexual activity between peers close in age from being treated as a criminal offence.
  2. Age Difference Matters: The age of consent in Queensland is 16, but individuals under the age of 16 cannot legally consent to sexual activity with someone who is in a position of authority or trust over them, such as a teacher, coach, or caregiver. Additionally, adults who engage in sexual activity with individuals under the age of 16 can face criminal charges.
  3. Consent Still Matters: Even if the age of consent is met, sexual activity should always involve voluntary and informed consent from all parties involved. Consent cannot be given if a person is under the influence of drugs or alcohol, is coerced, threatened, or incapable of providing informed consent.
  4. Child Exploitation Offences: Queensland has strict child exploitation laws, making it illegal for adults to engage in sexual activity or produce explicit materials involving individuals under the age of 16. These laws aim to protect minors from sexual exploitation.
03What are the consequences of being placed on the The Child Protection Offender Register?

Being placed on the The Child Protection Offender Register can have significant consequences, including reporting requirements, restrictions on where you can live, work, or travel, and potential social stigma. The duration of registration depends on the specific offence.

In Queensland, certain sex offence convictions can be spent after a period, meaning they are no longer required to be disclosed in most circumstances. However, some offences, particularly those involving children, may not be eligible for expungement.

Why Choose Smith Cambridge

If you are facing sexual offence charges or need legal advice, don't hesitate to contact us. Your rights, reputation, and future matter, and we are here to provide the support and guidance you need.

Our expert criminal lawyers have a deep understanding of the legal complexities surrounding sexual offences and will guide you through the process, advocating for your innocence, and safeguarding your rights.

Here are four key risks to individuals facing sex offence charges:

  • Criminal penalties including imprisonment, fines, probation and sex offender registration.
  • Social stigma and irreparable damage to your personal and professional reputation.
  • Profoundly negative impact on career prospects and educational opportunities.
  • Psychological issues as a result of the legal process and associated stigma.
The Smith Cambridge Difference
  • Expertise: A seasoned team with experience in addressing criminal law matters, with a deep understanding of relevant laws and regulations.
  • Personalisation: Tailored defence strategies that consider the unique aspects of your case, aiming for the best possible outcome.
  • Advocacy: A committed ally dedicated to vigorously defending your rights and interests throughout the legal process.

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