Sexual Offences Lawyer
Cairns & Far North Queensland

You have been charged with a sexual offence. You are scared, you may be ashamed, and you do not know who to tell or where to start. You may have spent a night in the watch-house. You may have bail conditions you do not fully understand. You may be worried about your name appearing in the media, about losing your job, and about what your family will think. Start by calling a lawyer. Everything you say is confidential. Sacha will give you an honest assessment of where your matter sits and what can be done — without judgment.

Types of Sexual Offences in Queensland

Sexual offence charges in Queensland range from matters that can be dealt with in the Magistrates Court through to charges carrying life imprisonment in the District Court. The charge you are facing determines which court your matter goes to, what bail looks like, and the range of possible outcomes. Serious Sexual Offences — District Court These are the most serious charges. They are strictly indictable , meaning they must be dealt with in the District Court (or in some cases, the Supreme Court). They carry the heaviest penalties and the most restrictive bail conditions. Rape (section 349 of the Criminal Code ) — maximum penalty: life imprisonment. Covers all forms of penetration without consent, including penile intercourse, penetration with any body part or object, and penetration of the mouth. Since 23 September 2024, stealthing — removing or tampering with a condom without consent — is expressly treated as rape. Attempted rape (section 350) — maximum penalty: 14 years imprisonment. Assault with intent to commit rape (section 351) — maximum penalty: 14 years imprisonment. Aggravated sexual assault (section 352, aggravated forms) — maximum penalty: 14 years to life imprisonment, depending on the circumstances. This includes sexual assault involving weapons, groups, or penetration. Read more about rape and serious sexual assault charges → Child Sexual Offences — District Court Offences against children are treated as among the most serious in the criminal law. They carry heavy penalties, mandatory imprisonment in most cases, and long-term consequences including sex offender registration. Indecent treatment of a child under 16 (section 210) — maximum penalty: 14 years (child aged 12–15) or 20 years (child under 12). Repeated sexual conduct with a child (section 229B) — maximum penalty: life imprisonment. Only the DPP can charge this offence. Online procuring of a child under 16 (section 218A) — maximum penalty: 10 years. Grooming a child under 16 (section 218B) — maximum penalty: 5 years. Read more about child sexual offence charges → Image-Based Offences and Lesser Charges — Magistrates Court These charges can generally be dealt with in the Magistrates Court. They are still serious — they carry criminal records and, in some cases, imprisonment — but the process is shorter and the range of outcomes is different. Distributing intimate images (section 223) — commonly called "revenge porn." Maximum penalty: 3 years. A misdemeanour offence dealt with in the Magistrates Court. Sexual assault (section 352, base offence) — maximum penalty: 10 years, but can be dealt with summarily if the victim is 14 or older, the defendant pleads guilty, and the Magistrate agrees. The maximum in the Magistrates Court is 3 years. Observations or recordings in breach of privacy (section 227A) — up to 3 years. Indecent acts (section 227) — maximum penalty: 2 years. Read more about image-based offences and lesser sexual charges →

What to Do First

The decisions you make in the first days after being charged with a sexual offence shape the entire case. Getting these right is more important than anything that happens later. Exercise your right to silence If police want to interview you about a sexual offence allegation, you have the right to decline until you have spoken to a lawyer. Police interviews in sexual offence matters are detailed and structured. They are designed to produce a record that supports the prosecution's case. In almost every case, the right advice is to say nothing until you have legal advice. Call Sacha before attending any police interview — including before going to the station voluntarily. Do not contact the complainant Any contact with the complainant — directly or through a third party — after charges are laid is a serious mistake. It can result in additional charges, more restrictive bail conditions, and damage your credibility before the court. This applies even if the complainant contacts you first. Do not respond. Preserve your own evidence Messages, photos, call logs, social media records, and any other material that is relevant to your account need to be preserved immediately. Once deleted or lost, they cannot be recovered. Show Sacha everything at the first conference — the full picture, not a selective account. Tell your lawyer everything Every conversation with Sacha is protected by legal professional privilege. That protection is absolute — it cannot be waived by anyone other than you and it does not expire. Sacha needs the full account to advise you properly. A selective version does not help.

Consent — What the Law Says Now

Queensland's consent laws changed significantly on 23 September 2024 . If the alleged offence occurred after that date, the new laws apply. If it occurred before, the previous framework applies. The new law: affirmative consent Under the current law, consent means free and voluntary agreement . It is not enough that the other person did not say no — there must be a positive indication of agreement. Key points: Silence or not physically resisting does not equal consent. Consent can be withdrawn at any time. If the act continues after consent is withdrawn, it continues without consent. Consent to one act does not mean consent to a different act, or to the same act with a different person. If you claim you honestly believed the other person consented, you must have said or done something to check. You cannot rely on a "mistake of fact" defence if you did nothing to confirm consent. Being voluntarily drunk or intoxicated does not make an unreasonable belief in consent reasonable. Circumstances where there is no consent The law specifically lists situations where consent does not exist, including where the person: Does not say or do anything to communicate consent Is unconscious or asleep Is too affected by alcohol or drugs to consent Participates because of force, fear of harm, coercion, blackmail, or intimidation Is overborne by a position of authority, trust, or dependency Is misled about the nature or purpose of the act Consented to sex with a condom, but the condom was removed, tampered with, or known to have broken (stealthing) Why this matters for your case The consent framework determines how the prosecution builds its case and what defences are available. If consent is the central issue in your matter, the specific facts — what was said, what was done, the circumstances — are critical. Sacha will review the evidence and advise on whether a consent-based defence is viable.

Bail and Show Cause

Bail in sexual offence matters is more complex than in most other criminal cases. Whether you are released, and on what conditions, depends on the specific charge. Show cause offences If you are charged with an offence carrying life imprisonment — including rape, aggravated sexual assault, repeated sexual conduct with a child (section 229B), and others — the normal presumption in favour of bail is reversed . You must "show cause" why you should be released. If you cannot, the court must refuse bail. Other situations that trigger show cause include: Being charged with an indictable offence while already on bail for another indictable offence Being charged with an indictable offence involving a weapon Being charged with a sexual offence that is also a domestic violence offence carrying 7 or more years imprisonment For repeat serious child sex offences , only a Supreme Court judge can grant bail. Bail conditions Even where bail is granted, conditions in sexual offence matters are typically strict: no contact with the complainant, no contact with children (for child offence charges), residence conditions, GPS monitoring, surrender of passport, and regular reporting to police. Urgent bail applications If you have been charged and are being held in custody, Sacha can appear urgently to make a bail application — including show cause applications. Call immediately on 0425 429 458 .

Protecting Your Identity — Non-Publication Orders

Court proceedings in Queensland are generally open to the public and the media. But sexual offence matters have specific protections that other criminal matters do not. Complainant identity is automatically protected The identity of the complainant in a sexual offence matter is protected by law. It is a criminal offence — carrying up to 2 years imprisonment or 100 penalty units — to publish any identifying details of the complainant, including their name, address, school, or workplace. Your identity can be protected too Since October 2023, defendants charged with a prescribed sexual offence can be named publicly unless a non-publication order is in force. You must now actively apply for protection if you want your identity suppressed before committal or sentence. Sacha handles non-publication order applications — including urgent interim orders where media reporting is imminent. If protecting your identity is a concern, raise it at the first conference. The application needs to be made early — ideally at the first court appearance. Read more about non-publication orders and fixed fees → Closed court Sexual offence trials and committal proceedings are generally conducted in closed court — meaning only the parties, lawyers, and authorised persons are present. The public and media are excluded from the courtroom during the hearing.

Sentencing for Sexual Offences

Sentencing for sexual offences operates under stricter rules than most other criminal matters. No "last resort" for prison The usual principle that imprisonment should only be a last resort does not apply to sexual offences involving violence or physical harm. The court can and does impose prison sentences for first offences where the charge is serious. Mandatory imprisonment for child offences If the offence was committed against a child under 16, the court must impose a prison sentence unless there are exceptional circumstances. The court considers the child's age, the effect on the child, the need to protect children, and the relationship between the offender and the child. Serious Violent Offence declarations If you receive a sentence of 10 years or more for a sexual offence, a Serious Violent Offence (SVO) declaration is automatic — you must serve 80% of the sentence before you are eligible for parole. For sentences between 5 and 10 years, the court has discretion on whether to make an SVO declaration. Good character Character references and community standing can still be relevant at sentencing, but their weight is limited — particularly in child sexual offence cases, where the court must not treat good character as a mitigating factor if it helped the offender commit the offence or gain access to the victim. Sex offender register Certain sexual offence convictions trigger mandatory registration on the sex offender register under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 . Reporting periods are 5 years for a single offence, 10 years if a further offence is committed after being placed on the register, and life for multiple subsequent offences. Registration requires you to report your address, employment, vehicle details, travel plans, and online identifiers to police on an ongoing basis. After 15 years on lifetime reporting, you can apply to the Supreme Court for suspension.

Frequently Asked Questions

Should I do a police interview?

In almost all sexual offence matters, the advice is to exercise your right to silence and decline to participate in an interview until you have specific legal advice. Police interviews in sexual offence investigations are detailed and designed to produce a record that supports the prosecution's case. Call Sacha before attending any interview — including before going to the station voluntarily.

Will my name be in the media?

Court proceedings are generally open to the public and press. However, you can apply for a non-publication order that prevents publication of your identifying details before committal or sentence. The complainant's identity is automatically protected by law. Sacha will advise on your options at the first conference and, if appropriate, apply for a non-publication order at your first court appearance.

Will I go to jail?

That depends on the charge, the evidence, and how the matter is prepared. For the most serious charges — rape, aggravated sexual assault, child sexual offences — imprisonment is a realistic outcome and, in some cases, mandatory. For lesser charges dealt with in the Magistrates Court, a wider range of outcomes is available. Sacha will give you an honest assessment at the first consultation — not a vague reassurance.

What if the allegation is false?

Defending a charge you maintain is false requires methodical preparation from the earliest stage — preserving communications, identifying witnesses, obtaining expert evidence where relevant, and building a consistent and credible account. Tell Sacha everything at the first conference. A selective account does not help.

What is the difference between the Magistrates Court and the District Court?

Some sexual offences can be dealt with in the Magistrates Court, where the maximum sentence is 3 years. More serious charges — rape, aggravated sexual assault, most child sexual offences — are strictly indictable and must go to the District Court, where the sentencing range is much higher. Sacha will tell you at the first consultation which court your matter is likely to go to.

What is the sex offender register?

Certain sexual offence convictions trigger mandatory registration under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 . Registration requires you to report personal details to police on an ongoing basis — address, employment, travel plans, online identifiers, and vehicle details. The reporting period is 5 years for a single offence, 10 years for a subsequent offence, and life for multiple subsequent offences. Sacha will advise on whether registration applies in your case.

Can I keep working while the matter is before the court?

This depends on your employer, your industry, and your bail conditions. Certain industries — education, health, childcare, community services — have mandatory notification obligations when a worker is charged with certain offences. Sacha will advise on what applies to your situation and how to manage it.

What about consent?

Queensland's consent laws changed on 23 September 2024. Under the current law, consent means free and voluntary agreement — silence or passivity is not enough. If consent is the central issue in your matter, the specific facts are critical. Sacha will review the evidence and advise on whether a consent-based defence is viable.

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