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Dealing With Allegations of Sexual Assault
Dealing With Allegations of Sexual Assault
Dealing With Allegations of Sexual Assault
Ebook77 pages41 minutes

Dealing With Allegations of Sexual Assault

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Learn how to deal with allegations of sexual assault. Know the different types of sexual offences and the criminal laws surrounding them in Victoria, Australia. These include rape, indecent acts, sexual penetration of a child, child pornography, and other sexual crimes. This ebook also provides a discussion of the implications of a sexual charge and the issues involved on a plea of guilty. It features actual case studies and a comprehensive list of investigative techniques used before and during a police interview. Find information on various court processes and police procedures employed when dealing with a sexual assault case. Matters related to compensation claims and sex offender registration are also thoroughly discussed.

This ebook highlights the rights of an accused in a sexual offence case. Every defendant is presumed innocent until proven guilty and deserves the best legal representation in a fair trial.

LanguageEnglish
PublisherBill Doogue
Release dateNov 12, 2015
ISBN9781311375278
Dealing With Allegations of Sexual Assault

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    Book preview

    Dealing With Allegations of Sexual Assault - Bill Doogue

    Dealing With Allegations of Sexual Assault

    Sexual Offences | The Law in Victoria | What You Should Know

    Written By:

    Bill Doogue

    Doogue O’Brien George Defence Lawyers

    Index

    Introduction

    Fundamental Rights

    Beyond Reasonable Doubt

    The Position of the Accused in a Sex Offence Case

    Implications For Teachers

    Types Of Sexual Offences

    Rape

    Indecent Assault

    Child Sex Offences

    Sexual Penetration of a Child under the age of 16

    Indecent Act with Child under the age of 16

    Child Pornography Offences

    Supervision Offences

    A Case Study - Sexual Penetration of a Child Interview

    Investigative Techniques - Pre Interview

    Pre-Text Calls

    Phones

    Computers

    Forensic Procedures

    Investigative Techniques - The Interview

    Police Officer Training

    DVD Footage

    Historic Cases

    Attending a Police Station

    Arrested or Questioned Regarding a Sex Offence - Your Rights

    A Case Study - Indecent Assault Interview

    Interview Advantages and Disadvantages

    Advantages

    Disadvantages

    Information That May Assist You in Making a Decision

    A Case Study - Sexual Penetration of a Child Trial

    The Importance of Witnesses - Their Rights

    Compulsory Examination

    A Case Study - Witness Statement in a Sexual Assault

    The Criminal Procedure Act

    Committals

    Evidence Concerning the Complainant’s Sexual History

    Use of Pre-Recorded Evidence

    Compensation Claims

    Victims Of Crime Assistance Act 1996

    Sentencing Act Application

    Civil Claim For Damages For Pain And Suffering

    Restraining Orders

    The Sex Offender Registration Act

    What is the Purpose of the Register?

    A Case Study - Breaching Sex Offenders Registry Act Obligations

    The Classes of Offending

    Who Gets Registered?

    Reporting Obligations

    What Are Reporting Obligations?

    Failure to Comply

    Employment Restrictions

    Preparation of Defended Sex Offence Cases

    Appearance Before Royal Commissions

    What Will Happen at Court

    Pleading Guilty to Sexual Offending

    What are the Issues on a Plea of Guilty to Sexual Crimes?

    What is the Point if I am Pleading Guilty?

    Introduction

    You may be reading this document out of interest, have a professional obligation to employees to understand the context of the subject matter or even be facing allegations yourself.

    Defending sexual offences can be very complex. Each case is diverse and distinct to each individual’s circumstances. One common element is that it is a stressful time for everyone involved and the accused must seek advice from legal professionals who understand how the law applies to their situation.

    The information contained within this document is designed to give an accused person specific knowledge about the law in Victoria regarding allegations of a sexual nature.

    It is intended to provide a broad overview and does not constitute legal advice. Anyone facing allegations should seek immediate legal advice, in person, from a criminal lawyer.

    Please note that the contents of this document may be difficult to process due to the sensitivity and gravity of the subject matter. It is not intended as light reading but may contain information that could change the course of an investigation for the accused.

    Not every allegation is true. The experience of Courts and lawyers is that false and mistaken allegations are made and come before the Courts all the time.

    Some people commit offences and accept responsibility for what they have done. Others deny responsibility. Innocent people are wrongly accused.

    All require and deserve proper legal representation.

    Fundamental Rights

    Our legal system functions under certain rules. One of those rules is

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