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The O'Brien Advantage
Experienced in Serious Sexual Offence Matters
Sexual assault charges are prosecuted aggressively and tried before juries in the District or Supreme Court. We have extensive experience defending clients at every level of the NSW criminal justice system, from the first police interview through to trial. That experience matters when the stakes are this high.
Early Intervention
What happens before you are charged, including whether you speak to police, and what you say, can define the course of the entire case. We advise clients from the earliest point in the investigation, before any statement is made, and before any decisions are locked in.
Thorough Case Preparation
Sexual assault matters turn on credibility, consent, and the quality of the evidence. We review the brief in full, test every element of the prosecution case, identify inconsistencies, and prepare every available defence. Thorough preparation is what gives us the best chance at trial.
Discretion and Sensitivity
We understand the personal impact of these charges, on you, your family, and your career, regardless of how the matter resolves. Every client is treated with confidentiality, professionalism, and respect throughout.
SEXUAL ASSAULT OFFENCES WE DEFEND
Sexual Assault (s 61I)
Sexual intercourse without consent. Maximum penalty: 14 years imprisonment. This is the principal sexual assault offence in NSW and is tried in the District Court before a jury. The prosecution must prove both the absence of consent and that the accused did not reasonably believe consent was given.
Aggravated Sexual Assault (s 61J)
Sexual intercourse without consent in circumstances of aggravation, for example, where the complainant is under 16, the offender is in company, or a weapon is used. Maximum penalty: 20 years imprisonment.
Aggravated Sexual Assault in Company (s 61JA)
Sexual intercourse without consent committed in company in circumstances of aggravation. Maximum penalty: life imprisonment. This is one of the most serious charges in the NSW criminal statute.
Sexual Touching (s 61KC)
Intentional sexual touching without consent. Maximum penalty: 5 years imprisonment in the District Court. The Local Court has jurisdiction for certain summary-level proceedings, with lower sentencing limits reflecting the court’s jurisdictional cap, not a separate statutory maximum.
Aggravated Sexual Touching (s 61KD)
Sexual touching without consent in circumstances of aggravation. Maximum penalty: 7 years imprisonment.
OTHER VIOLENT CRIMES-
We handle a wide range of sexual and violent crime charges.
DEFENDING YOUR CASE: HOW WE RESPOND
From First Contact to Final Outcome: How We Build Your Defence
The consent provisions in the Crimes Act 1900 (NSW) were significantly reformed in 2022. Under the current framework, the prosecution must prove beyond reasonable doubt both that the complainant did not consent and that the accused did not reasonably believe the complainant was consenting. A belief in consent is not reasonable if the accused did not, in the circumstances, say or do anything to find out whether the other person was consenting. We advise on how the current law applies to the specific facts of your matter and whether a consent-based defence is available.
In cases where the accused's identity is in issue, we challenge eyewitness identification evidence, DNA evidence, and other forensic material. Identification evidence in sexual assault matters is subject to specific judicial directions at trial.
The defence may test the complainant's account for internal inconsistencies, inconsistencies with other evidence, or prior inconsistent statements. This analysis begins with a careful review of the brief and all supporting material.
You have the right to silence. You are not required to answer questions at a police interview. We advise strongly against making any statement to police without first speaking to a lawyer — decisions made at this stage can have lasting consequences.
Meet Our Crime Defence Team
With over a decade of experience, our crime defence team has made us one of Australia’s leading defence firms. Led by firm founder and Principal, Peter O’Brien, our dedicated team has defended clients in courts all over the country, including in the High Court of Australia.
No matter the case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
From Charge to Resolution: How a Sexual Assault Matter Proceeds
1. Investigation and Charge
Police investigate the complaint and may charge the accused after interviewing witnesses, collecting evidence, and conducting a recorded interview (ERISP). If contacted by police before charge, contact us immediately, you have the right to silence and you should exercise it.
2. First Appearance and Bail
The matter is listed in the Local Court for a bail determination and initial directions. Bail conditions in sexual assault matters can be restrictive. We appear at the first mention and advise on bail from the outset.
3. Committal Proceedings
The Local Court reviews the prosecution case to determine whether there is sufficient evidence to commit the matter for trial. We review the brief in full at this stage and advise on prospects and strategy.
4. Trial
If the matter proceeds, a jury trial is conducted in the District Court or Supreme Court. The prosecution bears the burden of proof beyond reasonable doubt on every element. We prepare every aspect of the defence and brief experienced barristers for trial.
If found guilty, the matter is adjourned for a sentencing hearing. The court considers all relevant factors before imposing a penalty. Strong sentencing submissions can make a significant difference to the outcome.
WHAT TO DO IF YOU HAVE BEEN CHARGED
Seven Steps to Take After Being Charged with Sexual Assault
- Do Not Speak to Police Without a Lawyer
- You have the right to silence.
- Do not answer questions at a police interview, make a voluntary statement, or participate in any recorded conversation with police before speaking to a lawyer. Anything you say can be used in evidence.
- Contact a Criminal Defence Lawyer Immediately
- The earlier you get legal advice, the more options are available to you. Early legal intervention can affect bail, the management of the investigation, and the preparation of your defence.
- Contact us as soon as you are aware of a charge or investigation.
- Do Not Contact the Complainant
- Do not attempt to contact, communicate with, or approach the complainant or any witnesses, whether directly or through a third party. This can result in additional charges and will be used against you.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and cellmates, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Preserve Any Evidence That Supports Your Position
- If you have messages, records, or other material that may be relevant to a defence, for example, communications with the complainant, records of the events in question, or alibi evidence, preserve it and provide it to your lawyer.
- Know Your Rights
- You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Follow Your Lawyer's Advice on Every Step
- Sexual assault matters are complex, emotionally charged, and high-stakes. Follow your lawyer's advice at every stage, including on what to say publicly, how to manage the matter within your personal and professional life, and how to prepare for court.
Remember: Don’t face this alone. Let the assault and violent crime defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Sexual Assault Law
No. You have the right to silence. You are not required to answer questions at a police interview. We strongly recommend you speak to a lawyer before making any statement to police. What you say, or do not say, at an interview can have significant consequences for your matter.
Charges can be withdrawn by the prosecution at any stage if the evidence does not support the charge or if it is not in the public interest to proceed. A solicitor can make representations to the prosecution on your behalf. Whether representations are likely to be successful depends on the specific evidence and circumstances.
Sexual assault under s 61I involves sexual intercourse without consent, with a maximum penalty of 14 years. Aggravated sexual assault under s 61J applies where circumstances of aggravation are present — for example, where the complainant is under 16, the offender is in company, or a weapon is used — and carries a maximum of 20 years.
Not necessarily. The sentencing outcome depends on the nature of the offence, the circumstances of the offending, and your individual background. The court considers a wide range of factors. Early legal advice and strong representation at the sentencing stage can make a significant difference to the outcome.
It varies depending on the seriousness of the charges and whether the matter proceeds to trial. Matters committed for trial in the District Court may take 12 to 24 months or more to reach a verdict. Your lawyer can give you a more accurate estimate once the brief of evidence is available.
Under the 2022 reforms to the Crimes Act 1900 (NSW), a belief in consent is not reasonable if the accused did not, in the circumstances, say or do anything to find out whether the other person was consenting. The assessment is objective — it turns on what a reasonable person in the accused's position would have believed, assessed against all the circumstances. Whether a consent-based defence is available depends entirely on the specific facts.
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