Rape & Sexual Assault
Lawyer Cairns
Rape and sexual assault are among the most serious charges in Queensland criminal law. They carry life imprisonment, strict bail conditions, and consequences that extend far beyond the courtroom. If you have been charged, you need a lawyer who will hear the full account without judgment and advise on the basis of what the evidence actually shows. Call Sacha. The conversation is completely confidential.
The Charges and What They Mean
Rape — Section 349 of the Criminal Code Maximum penalty: life imprisonment. Under Queensland law, rape covers all forms of penetration without consent: Penile intercourse without consent Penetration of the vulva, vagina, or anus with any body part or object without consent Penetration of the mouth with a penis without consent The offence is gender neutral — anyone can commit rape and anyone can be…
Consent — The Central Issue
In most rape and sexual assault cases, consent is the central issue. The prosecution must prove beyond reasonable doubt that the complainant did not consent — or that any apparent consent was not freely and voluntarily given. Queensland's affirmative consent model (from 23 September 2024) If the alleged offence occurred after 23 September 2024 , the new consent framework applies: Consent means…
Bail — Show Cause
Rape and aggravated sexual assault charges carrying life imprisonment are show cause offences. This means the normal presumption in favour of bail is reversed — you must demonstrate to the court why you should be released, rather than the prosecution having to argue why you should not be. If you cannot show cause, the court must refuse bail . What the court considers The court looks at whether…
The Court Process
Committal proceeding Rape and serious sexual assault charges begin in the Magistrates Court but are committed to the District Court through a committal proceeding. The Magistrate considers whether the evidence is sufficient to put you on trial. This is a procedural step — but it matters, because the committal is where defence lawyers can test the strength of the prosecution's evidence, including…
Defending the Charge
Consent-based defences If the issue is whether the complainant consented, the defence involves examining the full circumstances — communications before and after the alleged offence, the complainant's account for inconsistencies, any witnesses, and the forensic evidence. Under the current law, you must also be able to show you took steps to confirm consent. Identification In some cases, the issue…
Fixed Fees
- District Court Plea — $12,000
- Show Cause Bail Application — $5,500
- Non-Publication Order — $3,300
- District Court Trial (1–3 days) — $15,000–$25,000
- District Court Trial (4+ days) — $25,000–$50,000+
- Committal Hearing — $5,800