How To Seek Out Proper Legal Advice And Stand Up For Your Right

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Table Of Contents
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Professional Implications Of Being Found Guilty Of Sex Offences Rape Charge: Tribulation Starts Before Conviction Ramifications Of Employment Restrictions For People In The Sex Offender Registry Possible Defences Against Assault Charges Indecent Act Options Your Defence Team Can Explore

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Professional Implications Of Being Found Guilty Of Sex Offences

The previous year, the news of a 40-something high school teacher in the US who had a sexual relationship with his student caused an outpouring of outrage among parents. Not long after, the news of a cheerleading coach who cheated on her husband and cultivated a sexual relationship with one of her students also broke out, driving people across the globe to question what kind of values teaching professionals of today have that they would commit such acts and not even show remorse. Though both cases were filed in the US, similar stories can be found in other countries, including Australia; the major concern is how the law is being implemented as a way of putting a halt to sex offences in the workplace. A sexual offence in a workplace where every employee is of legal age is really just a matter of the law. If an employee complains and files charges against a fellow employee or a manager, the implications do not always extend to the professional position of the offender in the company. There are many business organisations these days that separate themselves from the personal activities of their employees because their operational goals and values are defined differently. An established offender may not instantly lose his job (if he luckily manages to avoid gaol time) though he certainly will be restricted from engaging in certain dealings and would have to bear with the stigma created by what he had done.
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However, for other professions (especially those that require regular interaction with people, like medicine and teaching), a sexual offence committed has more

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grave professional consequences. For medical professionals, they have a moral code to uphold, therefore any one of them convicted or rape, sexual assault, or other sexual offences can instantly suffer the revocation of their licence to practice, which basically means that they lose their job. As for teachers, those who are merely alleged to have committed a sexual offence typically automatically get suspended from their job. In addition to that, they will receive an interim negative notice from the Working With Children Check authorities and will be interrogated on why they should not receive a negative notice. After they provide their explanation, they still will receive a negative notice lasting five years just on the basis of the allegation. They will not be able to work until the trial is over and they emerge successful in defending the charges. However, for those who are found guilty, their career is over. The Victorian Institute of Teaching may suspend the registration of the teacher without inquiry, and the teachers will then have to serve the sentence given by the court. Sexual offences against minors have a minimum penalty of 10 years of imprisonment.

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Rape Charge: Tribulation Starts Before Conviction

It was eighteenth century English jurist and judge Sir William Blackstone who first said, It is better that ten guilty persons escape than that one innocent suffer. While many people accused of rape are guilty, a number of innocents slip through the justice system and suffer for a crime they did not commit. There is this tragedy, but in many rape charges, the suffering does not have to begin during imprisonment. Weve all heard of trial by publicity. Anybody who has had the misfortune of being involved in a high profile case can tell you that the public does not need an official verdict before deciding what kind of status in society befits you. Imagine being falsely accused of rape, and then certain of your own innocence and confident of the justice system, you expect that the not guilty verdict will set everything right and give you your normal life back. This is hardly ever the case. A rape charge carries a stigma. Some members of the public will always think that you actually did commit the crime, while those who believe otherwise will still shun you just because a rape charge has branded you. You can be completely innocent and still have your life in ruins. This may seem like the stuff novels and movies are made of, but real life is the basis of fiction, and, as the clich states, is often stranger. Most of us are familiar with the TV show Law & Order: SVU and can appreciate the intricacies and convolutions of a rape case. In many rape stories, its simply not as cut-and-dried as accused-raped-victim. False accusations of rape have been around for a long

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time and many innocents have suffered in history. In the Bible alone, Joseph the Dreamer was himself a victim of a fabricated sexual assault charge; you have to wonder how many have suffered the same fate. These days, with the multitude of sex offenders databases online, victims of false allegations of rape face further trials, including the possibility of vigilante attacks. Overzealous citizens will also not care if youre actually innocent. Anybody with even so much as a hint of rape in his past, no matter its veracity, will be treated as a pariah. These registries provide a much needed service, but they involve a flawed program and there are people who would abuse its use. When facing a charge of rape, its important to get a good idea of what to expect and what your options are. As the accused, you should definitely know what your rights are. Under massive distress, its hard to keep a clear head, but its important to learn what you can about the types of sexual offences, the investigative techniques employed in these cases, etc. Above all, get the best legal defence that you can get. Its a turbulent road up ahead and its vital to be prepared.

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Ramifications Of Employment Restrictions For People In The Sex Offender Registry

After serving their sentence, many registered sex offenders try their best to put their lives back in order. Many of them claim that their prison term turned out to be a blessing for they were able to understand the pain and suffering theyve inflicted on their victims, forgive themselves in the process, find faith, and completely reform. Therefore, its understandable why many of them go out, intending to find employment as soon as they can, because its often the first step to establishing a normal life. Inasmuch as they want to have the most normal life possible, there are aspects about their past that cannot be erased; there are restrictions set upon them by the law because of the offence they had committed. These restrictions, claim lawmakers, were created not really to limit options, but rather to prevent them from going back to the ways they have already left behind bars much like a preventive method. When it comes to employment, the restriction is that a sex offender must never apply for a job that will have him interacting with children. Failure to comply will have him back behind bars for as long as two years. Examples of child-related employment that he is not allowed to apply for include the following: Any position in educational institutions (even gardener or janitorial positions are off-limits)

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All aspects of community services, YTC, or youth supervision units Paediatric wards of public hospitals

Clubs, associations, or movements (including those of a cultural, recreational or sporting nature) Religious organisations (although most of these always welcome those who wish for a new start, regardless of their past) Baby-sitting or child-care Coaching or private tuition

These restrictions are for life and not just for a particular period of the reporting condition, claim authorities. Legal professionals are debating over the various policies of the Sex Offender Registry. Many believe that the stringent conditions basically puts former sex offenders back in a prison where they have no freedom of choice, except that there are no physical bars around them. The thing is, practically every employment opportunity these days will require them to interact with other people; even plumbers, garbage collectors, construction workers will at one point or another have to deal with women and children. So should they just live as hermits and live off the people they have in their lives, because even if they want to earn money and be self-sufficient to create a brand new start, the SORA prevents them from doing so? Behavioural experts state that with limited legal employment opportunities, many of these former offenders will likely explore unconventional and unsafe means of earning a living or will be reduced to welfare cases who burden the government. If the government truly wants to push for positive change in the lives of these individuals, the SORA remains a questionable method of doing so because, for the time being, its a persistent reminder that theres no way for these people to break away from their past.

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Possible Defences Against Assault Charges

Assault charges can range from common assault (which carries a maximum penalty of three months imprisonment) to threats to inflict serious injury (which carry a maximum penalty of five years imprisonment). The common thread that ties charges of assault are heated situations that spiral out of control. This type of case may have long term effects on those charged. And as such, it is necessary to immediately get the services of a law firm specialising in these cases. Among the possible defences for charges of assault are duress, factual dispute, lack of intent, mental impairment, necessity and self-defence. Duress When a person commits an act, not out of his own free will but because a third party threatened him with physical harm, it is said that that act is committed under duress. In this type of defence, the prosecution must prove that: 1. No person was under the threat of any harm should the crime fail to be committed; 2. There was no present, imminent or impending threat; 3. The accused did not fully understand that threat would be done;
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4. The act was performed not because of the threat;

5. Even when free from any threat, the accused willingly submitted to such; 6. The person being charged could have easily and safely prevented the threat; 7. And any other person could have prevented the incident with ordinary firmness. Factual Dispute Once a case proceeds to trial, the burden of proof lies with the prosecution. And as such, they have to present evidence and establish facts relevant to the charge. However, when the prosecution cannot prove a fact beyond reasonable doubt, the person accused can use it as a defence. Lack of Intent One of the elements that the prosecution must establish in a charge is the intent of a person to commit a crime. Put simply, a person is said to have intent when he or she engages in an act voluntarily and knows the possible consequences. There is lack of intent when a person did not act out of his or her own volition, had a wrong belief, or the consequences were not the one intended. Mental Impairment In the mental impairment defence, the person accused is assumed to be sane and must prove otherwise. He or she must prove that in the commission of the act, he or she was suffering from mental impairment and did not have the proper judgment to know that the act was wrong. Necessity A defence of necessity is used when the accused commits an act in order to protect and prevent harm to another person. Here, it is crucial to prove that the action of the accused is proportional to the harm that had to be thwarted.

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Self-defence Self-defence is akin to the necessity defence such that the act is committed to prevent harm to one's self. There are two elements to this defence: the subjective and objective tests. In the subjective element, the accused must establish that the act was committed because he or she believed that it was necessary to commit the act. In the objective element, the jury must determine that the accused person's belief had reasonable merit.

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Indecent Act Options Your Defence Team Can Explore

An indecent assault is defined as an assault performed against another person under indecent circumstances. The term indecent may refer to a wide range of acts, but it is often understood as a term with sexual connotations. An indecent act with a child under the age of 16, on the other hand, is similar to an indecent assault, the main difference being that the act is performed against a minor. The maximum penalty for this offence is 10 years of imprisonment. However, this penalty is usually given to cases that are at the extreme end of the spectrum. In Victorian Law, there are five possible defences an accused can use. These are consent, factual dispute, honest and reasonable mistake of belief and proof that the accused is not older than two years than the complainant. Consent In plain terms, consent means that both parties freely agree to a sexual act. One of the elements the prosecution must establish in sexual offences is the absence of consent and that the accused was not aware of its absence. Absence of consent may apply to circumstances wherein the complainant was threatened with harm, or his or her judgement has been impaired by alcohol or drugs. But in an indecent assault against a minor charge, the accused must not only prove consent, but also prove that there is reason to believe that the complainant is over 16 years of age.

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Factual Dispute The defence team of an accused resorts to factual dispute when the prosecution cannot prove the facts and elements of the case within reasonable doubt. Honest and reasonable mistake of belief In this type of defence, the accused must prove that the act was done without a guilty mind. As such, he or she carries the burden of proof showing that the act was committed within the bounds of honest and reason. As a defence against an indecent act against a minor, the accused must establish that he or she believed that the complainant was over 16 years of age. One final defence option used by a person charged with an indecent act is that the accused is not older than two years than the complainant. If you are charged with a sexual offence like this, it is important to immediately seek legal counsel to help guide you through the legal process. This includes pleading guilty or otherwise. An experienced defence lawyer can discuss with you the best course of action to take to arrive at the best outcome.

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