Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully defended clients against various sexual assault charges, ensuring the best possible outcomes. Our victories demonstrate our unwavering commitment to protecting our clients' rights and freedoms.
Sexual Assault Law Expertise
Our team has in-depth knowledge of sexual assault laws. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
We understand that every sexual assault case is unique. We take the time to understand your situation and tailor a strategy to achieve the best possible outcome.
Flexible Payment Options
Our Sydney sexual assault lawyers offer flexible payment plans to ensure you can access top-tier legal defence without financial strain.
Types of Sexual Assault Cases We Handle
RAPE
We provide robust defence strategies for clients facing rape charges. We aim to minimise penalties or achieve dismissals through thorough investigation and strategic legal arguments.
INDECENT ASSAULT
Our lawyers have extensive experience defending clients accused of indecent assault. We focus on protecting your rights and achieving the best possible outcome.
SEXUAL HARRASSMENT
We handle cases involving allegations of sexual harassment, ensuring thorough and strategic defence to protect your freedom and reputation.
CHILD SEXUAL OFFENCES
We defend clients against charges of child sexual offences, working tirelessly to protect your rights and achieve the best possible outcome.
ONLINE SEXUAL OFFENCES
We assist clients facing charges of online sexual offences, providing comprehensive defence services to navigate complex digital evidence.
OTHER SEXUAL OFFENCES
We handle a wide range of sexual assault-related charges, including aggravated sexual assault, sexual touching, and consent issues, providing comprehensive defence services
Protecting Your Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our sexual assault defence team understands the urgency of safeguarding your freedom. Here are some ways we can help you:
Mitigation Strategies
We work to reduce charges and penalties through strategic negotiations and legal arguments.
Seeking Bail
Our lawyers are experienced in applying for bail and ensuring you have the best chance of being released while awaiting trial.
Negotiating Settlements
We aim to achieve favourable plea deals or dismissals through effective negotiation.
Litigating in Court
If necessary, we vigorously defend you in court to achieve the best possible outcome.
The most effective course of action depends on the nature of your case and the severity of the charges. Our lawyers will carefully evaluate all options and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Contact the expert sexual assault lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
Meet Our Sexual Assault Defence Team
With over a decade of experience, our sexual assault defence team has made us one of Australia’s leading criminal defence firms. Led by firm founder and Principal Peter O’Brien, our dedicated and enthusiastic team has defended clients in courts all over the country, including in the High Court of Australia.
No matter how big or how small your case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
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.
The Sexual Assault Defence Process
1. Free Initial Consultation
If you are facing sexual assault charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our sexual assault lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings.
Remember: Sexual assault law is complex and seeking expert legal advice is crucial. Our experienced sexual assault lawyers are here to guide you every step of the way and fight to protect your freedom.
What to Do if You've Been Charged with Sexual Assault
Facing a sexual assault charge is a serious matter that can have profound implications for your personal and professional life. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Silent: Politely inform the authorities that you wish to remain silent and request a lawyer immediately. Anything you say can be used against you in court.
- Cooperate with Authorities: Do not resist arrest or argue with the authorities. Remaining calm and compliant can help avoid additional charges or complications.
- Document Everything
- Record Details: As soon as possible, write down everything you remember about the incident, including the time, location, people involved, and any conversations with the authorities.
- Collect Evidence: Gather any evidence that may support your defence, such as emails, messages, and contact information of any witnesses.
- Contact a Sexual Assault Lawyer Immediately
- Seek Legal Advice: A specialist sexual assault lawyer will assess your situation, advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Your lawyer will explain the charges against you, potential penalties, and your options for defence.
- Bail Application: If you are taken into custody, your lawyer can assist with applying for bail to secure your release while awaiting trial.
- 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 colleagues, 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.
- Prepare for Court
- Legal Representation: Ensure you have a competent lawyer to represent you in court. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled court dates. Failure to appear can result in additional charges and a warrant for your arrest.
- Know Your Rights
- Right to a Fair Trial: 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.
- Act Quickly
- Timely Action: The sooner you contact a lawyer, the better your chances of building a strong defence and protecting your rights
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
Remember: Don’t face this alone. Let the sexual assault defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future. Whether you are facing charges for rape, indecent assault, sexual harassment, child sexual offences, or any other sexual assault-related offence, we are here to help.
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
How do I fight sexual assault charges?
Fighting sexual assault charges requires a strategic legal defence.
Key steps include:
- Engaging an experienced criminal defence lawyer immediately.
- Maintaining your right to silence and not speaking to police without legal advice
- Gathering evidence to support your case, such as alibis, text messages, or CCTV footage.
- Identifying and interviewing potential witnesses.
- Scrutinising the prosecution's evidence for inconsistencies or procedural errors.
- Exploring possible defences like consent or mistaken identity.
- Negotiating with prosecutors to reduce or drop charges where appropriate.
- Preparing thoroughly for trial if charges proceed
Our skilled sexual assault lawyers can guide you through this process and build the strongest possible defence strategy tailored to your specific case.
What is the best defense to sexual assault?
The best defence to sexual assault charges depends on the specific circumstances of each case. Some common and potentially effective defences include:
Consent: Proving the sexual activity was consensual.
Mistaken identity: Demonstrating you were not the perpetrator.
Alibi: Showing you were elsewhere when the alleged assault occurred.
Lack of evidence: Highlighting insufficient proof to establish guilt beyond reasonable doubt.
Mental impairment: Arguing you lacked capacity to form criminal intent.
Honest and reasonable belief in consent: Showing you genuinely believed consent was given.
Your lawyer will assess the details of your case to determine the most appropriate and effective defence strategy. A combination of defences may be used to create reasonable doubt about your guilt.
What is the lowest charge of sexual assault?
In Australia, sexual assault charges vary in severity, with the lowest level typically being indecent assault. This involves unwanted touching of a sexual nature without the victim's consent. Specific offences and terminology can differ between states and territories. For example, in New South Wales:
- Indecent assault (s 61L Crimes Act 1900) carries a maximum penalty of 5 years imprisonment
- Sexual touching (s 61KC) is a similar offence with a maximum 5 year sentence
While these are considered "lower level" sexual offences compared to aggravated sexual assault or rape, they still carry serious penalties and potential registration as a sex offender. Even minor sexual assault charges require robust legal defence to protect your rights and future.
What percentage of sexual assault cases are taken to court?
In Australia, only a small percentage of sexual assault cases make it to court. While exact figures vary, studies suggest that less than 20% of reported sexual assaults result in charges being laid, and an even smaller proportion proceed to trial. Factors contributing to this low rate include:
- Victims choosing not to pursue charges
- Insufficient evidence to proceed
- Cases being dropped during the investigation phase
- Plea bargains resulting in guilty pleas without trial
It's important to note that many sexual assaults go unreported, further lowering the overall percentage of cases that reach court. This highlights the complex nature of sexual assault cases and the challenges in prosecuting them effectively.
What is good evidence in a sexual assault case?
Strong evidence in a sexual assault case can include:
- Victim testimony: A clear, consistent account of the incident
- Physical evidence: DNA samples, injuries, or torn clothing
- Medical records: Documenting injuries or sexual contact
- Witness statements: From people who saw the incident or its aftermath
- Electronic evidence: Text messages, emails, or social media posts
- CCTV footage: Showing the victim and accused together
- Expert testimony: From psychologists or forensic specialists
- Prior similar acts: Demonstrating a pattern of behaviour by the accused
The most compelling cases often combine multiple types of evidence. However, even with limited physical evidence, a credible victim statement can be powerful. Each piece of evidence helps build a comprehensive picture for the court to consider.
How are sexual assault cases handled?
Sexual assault cases in Australia are handled with sensitivity and care, following a structured process:
- Reporting: Victims can report to police or seek medical attention first
- Investigation: Police gather evidence and interview relevant parties
- Charging: If sufficient evidence exists, charges are laid against the accused
- Legal proceedings: The case moves through the court system
- Trial: If not resolved earlier, the case is heard before a judge and jury
- Sentencing: If found guilty, the offender is sentenced
Throughout this process, victims have access to support services and legal advice. Special provisions may be made to protect vulnerable witnesses during court proceedings. The handling of these cases aims to balance the rights of the accused with the need to support victims and secure justice. Experienced sexual assault lawyers play a crucial role in navigating this complex process.
What role do expert witnesses play in sexual assault trials?
Expert witnesses play crucial roles in sexual assault trials by educating jurors about complex topics and dispelling myths. They explain medical and forensic evidence, providing context for physical findings and DNA analysis. Mental health professionals offer insights into victim psychology, helping jurors understand trauma-related behaviors. Experts assist in credibility assessments by explaining factors like delayed reporting and memory effects of trauma. In civil cases, they can establish damages suffered by victims. Their specialized knowledge helps judges and juries navigate the complexities of sexual assault cases, aiding in the interpretation of evidence and victim testimony. Expert witnesses contribute significantly to achieving just outcomes by bridging the gap between technical information and lay understanding in the courtroom.
