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Sexual Offences

Criminal and Traffic Lawyer Meeting

Defending your criminal charge/s with an experienced criminal lawyer at your side can mean the difference between securing the best or an average outcome, regardless of the charges.

Wilful Exposure

Section 9 of the Summary Offences Act Queensland states that “a person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse“.

To be liable for wilful exposure it must be proven that the accused was in a public place, he or she wilfully exposed him or herself or exposed another with the intention of embarrassing or offending the person.

The maximum penalty for wilful exposure is 40 penalty points or 1 year imprisonment.

Unlawful Carnal Knowledge

Unlawful carnal knowledge, as written in section 215 of the Criminal Code Queensland, is the act of having or attempting to have carnal knowledge with a person under the age of 16. Sentencing depends on the age of the child; if the child is 12 years of age or more it is possible to plead that it was believed that the child was 16 years of age.

To be liable for unlawful carnal knowledge it must be proven that the accused had carnal knowledge or attempted to have carnal knowledge with a child of less than 16 years. Additionally, it must be proven that the accused did not have consent and was aware that they did not have consent.

The maximum penalty for unlawful carnal knowledge is 14 years to life imprisonment.

Rape

Rape is dealt with under section 349 (2) of the Criminal Code Queensland. A rape occurs when a “person has carnal knowledge with or of the other person’ without consent, or, the other person’s body is penetrated by a thing or extension of the offender’s body”.

To be liable it must be proven that the accused had sexual intercourse with another without their consent and in full awareness that they did not have permission to have sexual intercourse.

Note: a person under the age of 16 is not legally capable of giving consent.

The maximum penalty for rape is life imprisonment.

Using the Internet to Procure Sexual Abuse from a Child Under 16

Section 218A of the Criminal Code Queensland stipulates that any adult who uses electronic communication with the intentions to procure a person of less than 16 years of age, or a person who they believe to be of less than 16 years, into engaging in a sexual act in or out of Queensland is liable for using the internet to procure sexual abuse from a child under 16. Additionally, anyone who exposes a person under the age of 16 to indecent matter without reason is liable.

It must be proven that the accused is an adult above the age of 18 and that the accused did indeed try to procure a person less than 16 years of age to participate in a sexual act or expose.

The maximum penalty for using the internet to procure sexual abuse from a child under 16 is 5 to 10 years imprisonment.

Legal Aid

Quinn & Scattini Lawyers are preferred suppliers of Legal Aid for criminal law, traffic law and youth justice matters only.  We provide our Legal Aid clients with outstanding service, and are committed to providing legal assistance to those unable to afford private representation.

If you require detailed information on the Legal Aid process, eligibility requirements or would like to make an application visit Legal Aid Queensland’s website or access the Factsheet ‘Can I get Legal Aid‘.

What to Do If You Have Been Charged?

Seek expert legal advice and representation as soon as possible.

Defending your criminal charge/s with an experienced criminal lawyer at your side can mean the difference between securing the best or an average outcome, regardless of the charges.

How We Can Help

Our criminal lawyers can expertly navigate criminal law’s complexities, advise you on the likelihood of being found guilty of a criminal offence, advise you on your prospects of success if you decide to plead not guilty, provide extensive support in the lead up to court appearances, respond to your questions in a timely manner, and let you know the potential penalties that may apply if found guilty by the court.

Why Choose Us?

You will be talking to a real expert, local to you. You will not be treated like a file number, but as a real person, and a person going through a difficult and stressful experience. Get expert advice, not just what you want to hear, in a language you can understand, not legal jargon.

Office Locations

Our offices are conveniently located nearby the courts which allow us to accept instructions to act and appear in court, or to file urgent documents at short notice.

Our expert criminal lawyers are available at any of our local offices.

Get In Touch!

Book a criminal law consultation, submit an online enquiry below or speak to an expert criminal lawyer on 1800 999 529.

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