NSW Is this true regarding sexual assaults and r**e ?
- Thread starter devv
- Start date
I second the No. See my reply (Sorry no citations are provided).
This is very one sided and not entirely correct. This is why there are lawyers and legal aid available.
A women can try have you charged with r**e which doesn’t mean the police would immediately arrest you and throw you in jail. They may call you in for an interview and then decide to press charges against you and summon you to Court.
r**e is covered under s 38 of the Crimes Act 1958 and more specifically in the Crimes Amendment (sexual offenses) Act 2016 in Victoria.
r**e is the most serious sexual offence and is strictly indictable. However, it is still heard initially in the Magistrate Court with almost all the other Summary Offences that occur (is Indictable heard summarily), and Defendant may be offered legal aid or duty lawyers to represent them. There are a number of procedural steps and hearings involved here which may span many weeks and months, again mostly in the Magistrate Court. The next step would be hearing in the County Court for a plea hearing or trial.
Being charged with r**e, you should contact lawyers for advice who would advise you on your position including the strength of the case against you and whether the prosecution's evidence against you is challengeable, also about any of your available defenses (usually the only available defense is that of consent) and bail prospects if you are remanded in custody.
This is a very basic answer and as with anything in law, there is no one shoe fits all or a 'banaid approach' sentence as every case is unique.
This is very one sided and not entirely correct. This is why there are lawyers and legal aid available.
A women can try have you charged with r**e which doesn’t mean the police would immediately arrest you and throw you in jail. They may call you in for an interview and then decide to press charges against you and summon you to Court.
r**e is covered under s 38 of the Crimes Act 1958 and more specifically in the Crimes Amendment (sexual offenses) Act 2016 in Victoria.
r**e is the most serious sexual offence and is strictly indictable. However, it is still heard initially in the Magistrate Court with almost all the other Summary Offences that occur (is Indictable heard summarily), and Defendant may be offered legal aid or duty lawyers to represent them. There are a number of procedural steps and hearings involved here which may span many weeks and months, again mostly in the Magistrate Court. The next step would be hearing in the County Court for a plea hearing or trial.
Being charged with r**e, you should contact lawyers for advice who would advise you on your position including the strength of the case against you and whether the prosecution's evidence against you is challengeable, also about any of your available defenses (usually the only available defense is that of consent) and bail prospects if you are remanded in custody.
This is a very basic answer and as with anything in law, there is no one shoe fits all or a 'banaid approach' sentence as every case is unique.
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