Sexual Assault Lawyers
Sexual assault refers to situations where you had sexual intercourse with another person without their consent, and knowing that consent had not been given.
If you’ve been charged with Sexual Assault, having a trusted and experienced criminal defence lawyer by your side will take away a lot of the stress of facing these allegations.
Our Lamont Law lawyers will significantly improve your chances at getting the best possible outcome by exploring all your options.
Rest assured that our experienced legal team will fight for you every step of the way.
Call us anytime on 1300 365 075 to book a free and initial consultation.
Contact UsCall Lamont Law 24/7 to discuss your sexual assault matter
(02) 4312 4304 (24 Hours)More about Sexual Assault
‘Sexual assault’ is any kind of sexual activity that you were forced, coerced or tricked into doing when you didn’t want to.
It refers to a wide range of unwanted sexual behaviours, including:
- forced, unwanted sex, sexual acts or touching
- child sexual abuse: using power over a child or adolescent to involve them in sexual activity
- indecent assault: touching, or threatening to touch, someone else’s body sexually without their consent.
What is consent?
Legal definitions of consent vary between Australian state and territory jurisdictions.
Consent is an individual’s free agreement to participate in an activity.
Consent can only be given if it is free and voluntary, without fear, coercion, intimidation or anything else that inhibits free agreement.
What is the age of consent?
The age of consent is the age at which a person is considered legally competent to agree to sexual activity with another person.
The legal age for consensual sex varies between 16 and 17 years across Australian state and territory jurisdictions.
For other sexual activities, the criminal legislation relating to different types of sexual behaviours and interactions varies across Australian jurisdictions.
Lacking capacity to give consent overview
Consent is a critical element of all sexual assault laws in NSW.
Consent is defined in s 61HE of the Crimes Act as a “person freely and voluntarily agreeing to the sexual activity”.
In respect to sexual assault offences, the prosecution must demonstrate that the defendant held knowledge that the complainant did not consent to the sexual activity (Bochkov v R [2009] NSWCCA 116 at [30]-[34])
There are circumstances where consent cannot be given.
It has been established that consent cannot be present and thus maintained by a person who is:
- Under the age of 16 years: s 66C(3) and 66A Crimes Act;
- Over the age of 16 years but under the age of 18 years and in the ‘special care’ of the defendant: s 73(1) and (2) Crimes Act;
- Lacking a cognitive capacity: s 66F Crimes Act;
- Unconscious;
- Unlawfully detained;
- Threatened and/or forced to engage in the sexual conduct: s 61K Crimes Act
Law reform
To overcome the issues relating to consent and knowledge thereof, the Law Reform Commission has proposed an “affirmative consent” model.
Affirmative consent requires consent to be actively sought and actively communicated, rather than implied by the complainant or provided by the complainant in advanced.
The affirmative consent model focuses on whether the consent was provided at the time of the sexual act.
It acknowledges that consent is an ongoing process throughout the sexual activity which may be revoked at any stage, rather than implied by the behaviour of the complainant before or at the time of the sexual encounter.
The proposal by the Law Reform Commission, in effect, removes the requirement of the defendant to have knowledge that the complainant has not provided consent or was reckless as to the providing of such consent.
Possible problems
Whilst the proposal would eliminate any speculation as to whether or not consent was implied by the complainant, it raises several concerns.
The proposal does not permit the person to provide consent in advance for any sexual activity and requires the consent to be renewed prior to each individual sexual encounter.
Failure to renew the consent may lead to the inappropriate criminalisation of behaviour which would otherwise not involve any serious misconduct.
Further, the proposal seeks to introduce a requirement that the complainant verbalises their consent to the other person.
The absence of the verbalisation of consent prior to engaging in each sexual encounter will also lead to the criminalisation of the conduct.
In such a case, even if the trier of fact is satisfied that the complainant has provided consent by way of implication, under the present proposal the complainant would be found to have not provided such consent.
It is imperative to note here at consent is not only defined by words uttered by the complainant, it is often implied by the conduct of the complainant.
It remains to be seen whether the Law Reform Commission proposals will continue to be scrutinised or will translate into a large adjustment of the interpretation of consent law in NSW.
The challenge with such proposals is whether the proposals would effectively address the current deficiencies in the definition of consent or whether the proposals would unnecessarily criminalise otherwise consensual sexual encounters.
Why Choose Lamont Law
-
Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
-
Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
-
Local Professionals in your Community
Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
-
All Courts
Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
-
Flexible Initial Conference Options
We provide flexible conference options over the phone, video or in person at our office locations across Sydney, the Hunter Region, the North Coast and the Central Coast.
-
Flexible Payment Options
We provide affordable fixed fees and payment plans for several kinds of matters. Call us now for a free and no obligation discussion.
What Our Clients Say
Joanna Pasternak represented me today. She is very knowledgeable and professional. Great outcome. Time to get on with the rest of my life.
Jelena an Amazing Lawyer Experienced and understanding I could not be happier after leaving the court today. Thank You Kindly to You Jelena and Your Team.God Bless.
Jelena is the best and very professional and very easy to work with and talk to. I done exactly what I was asked and I was lucky enough to walk out with no conviction thanks to jelena. I couldn’t be happier. If I went this alone without Jelena, I had no chance of getting that outcome that’s a fact As the old saying goes, You get what you pay for Thank you again Forever grateful
I’d like to thank Jelena and Lamont Lawyers for all your help, I couldn’t have done it with out you! I greatly appreciate it. Thank you very much.
I would like to thank Jenela Dobric, for being such a superb solicitor in attending to my case. I would like to thank Jenela and Kristina for the work they did on my case. I would recommend Lamont Lawyers to anyone. Try to get Jenela Dobric. Her dedication is 2nd to none. Jenela is understanding and gives great guidance when it is required. I cannot thank Jenela enough, for getting the outcome the was achieved. Thank you, Charles Hudson
I had a very positive experience with Joanna Pasternak representing my domestic violence matter. She was kind, friendly, supportive, and she took the time to hear my version of events. It was obvious that after our consultation, she was willing to do everything she could to get the best possible outcome for me, in which she was able to get my charges withdrawn before a hearing. This has saved me a lot of time and stress knowing that the matter has been resolved, and that I can get on with my life. I highly recommend having Joanna represent anyone who needs legal assistance with domestic violence matters. Thank you so much Joanna it was lovely meeting you. All the best.
Joanna knew exactly what was relevant and efficiently navigated through complex matters to simplify the process, which ended up with a quick solution. Money well spent and hassle free.
I had the misfortune of having the need for representation in court and used Lamont Lawyers. Jelena represented me. She gave me sound advice which prepared me for the hearing and while there wasn’t much more she could have added, she spoke on my behalf calmly and professionally which I believe helped. Following Jelena’s advice, I did not record a conviction. I hope I don’t need her services again, but would not hesitate to engage her and Lamont Lawyers again. Thank you Jelena.
Jelena and Joanna recently assisted my son with a criminal matter. They provided excellent support and advice. Thank you for ensuring a good outcome.
Thank you Jelena for helping me get my license back I’m very happy now I rate you more then 5 stars 😊
Jelena was incredibly helpful with her advice and directions on my legal matter. The relief I feel right now . I can move on to the next step of the process with confidence. I thank you for the reassurance you gave to me. Chris Hawkins
Would like to thank Jelena, she was very professional and made me feel comfortable with the court process, Very happy with my outcome. Would highly recommend this law firm.
Jelena Dobric was absolutely amazing. I can’t thank her enough, she went above and beyond for me to help me achieve an extraordinary outcome in my traffic matter with her astute diligence. An outcome I didn’t even think would be possible. I’m so truly grateful and appreciate all the hard work, I couldn’t have asked for a better lawyer. Jelena is extremely professional, compassionate and amicable. She guided me through the whole process with expert legal advice from start to finish and ensured I understood everything efficiently. It made me feel relaxed and at ease during a very stressful time for me. I would definitely highly recommend Jelena and the Lamont Law legal services to anyone in need. She would be my first choice if I need any representation in the future. It was a pleasure to meet and work with Jelena.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
Couldn’t be happier with the outcome Jelena worked hard to attain for myself. She went above and beyond to provide a service that left me feeling confident in my decision in hiring her. Her high work ethic and dedication to her career was shown multiple times. I would highly recommend anyone who needs a confident solicitor who gets results to reach out and speak to Jelena.
I had a very positive experience with Jelena representing me, she was very calm and assuring. I had the best outcome possible for my case and her guidance and assurance was crucial to that. Even if the court had not ruled in my favour I feel that I was still well represented. She went above and beyond to ensure I was informed and comfortable. I could not recommend her highly enough.
Recently found myself in need of a lawyer. Contacted Lamont Lawyers, Jelena was excellent. Very thorough & professional. Secured a great outcome. Wouldn’t hesitate to use their expertise again. Many thanks..!
I was represented by Jelena for a very difficult appeal for a speeding offence. I set my expectations very low given the seriousness of my offence but Jelena provided accurate, meticulous and measured advice on the best approach for my licence appeal. I am happy to say that I can drive again after successfully appealing a 6 month suspension and life can go back to normal. 100% recommend Jelena and Lamont for their dedication and professionalism throughout the process.
Rosie handled my matter excellently, her legal advice was excellent and she was so easy to discuss matters with, as well as keeping cost and time minimal. I’m extremely happy with the service provided.
Absolutely amazing when I needed help with a matter and phone service when asking advice
I highly recommend Jelena Dobric. She is lovely to speak with, very professional and achieved the outcome I was hoping for. I could not have asked for a better lawyer in what was a very stressful time for myself and my family.
I would like to thank Jelena Dobric for her response on my case and getting a positive outcome. She was extremely professional and helpful. Would highly recommend.
Joanna was very Professional dealing with my case. She provide all the information with all the possible outcomes. Always ready to help me with the case. Highly recommended as you will not find anyone like her to Represent you in your court matter. Thank you so much Joanna for your time. It was lovely meeting you ??
Outstanding Service, Lamont Lawyers went above and beyond. Outcome was very pleasing, my matter was dismissed. They Always rang me when they said they would, and followed it up ,they took time to hear my side of the story without rushing me. I suffer from Anxiety and was extremely nervous about going to court for the first time. Joanna really helped by being friendly and professional, just to have people with experience on my side was brilliant. Can’t thank Joanna enough.
Rosie from Lamont Law went above and beyond for me in this traffic matter. As it was all new to me she guided me through the process and achieved a much better outcome than I was expecting. Would Highly Recommend.
Alex was professional, compassionate, informative & efficient throughout our case. He was honest & direct but also sincere. We felt confident and calm knowing that Alex would do his very best on our behalf, in and out of court, and that he really knew what he was doing to get the best possible outcome for us. Thank you Alex, we really appreciated having you on our team. We are truly grateful ???
Jelena Dobric Helped with traffic law and represented at the court on the day. She was well prepared and helped me with everything from day1. I had positive outcome at the court I highly recommend Jelena.
I was so lucky that I got Rosie Philips as my solicitor.I am extremely happy that I received no conviction for my appeal.Thanks again to Rosie who is extremely good in her profession.Would highly recommend to any one.
I would like to say a big thank you to Jelena Dobric who is one of Lamont Law professional solicitors. Her responsive action in traffic law helped me get a positive outcome in my case. I highly recommend her with regards to her expertise & insightful knowledge in traffic law.! Jelena was diligent with communication & could not have asked for a more professional person. Once again thank you.
Alex was great. With my initial email enquiry he got back to me immediately. Jelena took my case. She is nothing short of Professional and Cleary respected my the court and the Magistrate assigned on my day at Court. Jelena was always available, gave me all the information and tools I needed and got the me the best possible outcome regarding my situation. Jelena was so caring and friendly and Non judgemental. I can’t thank her enough. Especially ladies looking for a caring and understanding solicitor , please look no further than Jelena. Alex, jelena is a huge asset to your business . Thank you so much.
My deepest thanks to Rosie Phillips for helping me through the most stressful time of my life and for saving my career. I couldn’t have done any of this without her knowledge and skill. I highly recommend Rosie for anyone in need of a professional and first-class solicitor. 5 stars!
I would like to say a very Big Thank you to Jelena at Lamont Lawyers. She has been incredible to work with as our family lawyer, she handled my brothers matter with such great Professionalism and care. Jelena was responsive to all my emails and provided great advise. She clarified any queries I had & really went above, by keeping me up to date in all correspondence with other parties. As a result we achieved the outcome we were hoping for. It was such a pleasure to work with her! & I Truly wish her all the best in her future endeavours.
I would like to say a very Big Thank you to Jelena at Lamont Lawyers. She has been incredible to work with as our family lawyer, she handled my brothers matter with such great Professionalism and care. Jelena was responsive to all my emails and provided great advise. She clarified any queries I had & really went above, by keeping me up to date in all correspondence with other parties. As a result we achieved the outcome we were hoping for. It was such a pleasure to work with her! & I Truly wish her all the best in her future endeavours.
“The relief I feel is today is palpable, so many thanks to Lamont Lawyers and in particularly Jelena Dobric who was a delight to work with. Jelena was very clear and very helpful with all aspects of my case. She was wonderful with the magistrate, keeping the plea going until the end to achieve a no conviction result.” Geoffrey S
We had the best outcome and excellent experience with Alex and Jelena…..they achieved a brilliant outcome with Alex ‘s representation in court so professional and highest legal performance… thankyou again for all your help for our family ?
Attention to detail from Alex resulted in the best possible outcome.Highly recommended.
Very professional and understanding. Wouldn’t hesitate to contact them again if I ever need it. Thank you very much!
We couldn’t be happier with the work Alex and Lamont Lawyers did on our behalf. The professionalism but importantly the flexibility and understanding that was shown was outstanding and exceed my expectations. I am pleased to recommend Lamont Lawyers.
I would like to extend my heartfelt gratitude to Rosie Philips for handling my daughter’s case with so much professionalism and compassion. We could not have gone thru such a traumatic legal situation like this unscathed without you. During the whole process you took time to explain matters to us patiently with a lot of empathy and sensitivity. Comforting us with your calming and soothing words and at the same time managing realistic expectations of case outcome. You gave us strength when we had lost ours. You gave us hope when we were crushed and devastated. And you were always, always there – responsive to our emails and text messages and accessible by phone when we needed you. With your expert legal knowledge, skill and diligence you brought a favourable end to our case. We are very, very happy with the outcome of the court decision. No conviction and no suspension. My daughter still has a bright future ahead of her – thanks to you. I will highly recommend you to my family and friends. R M Devi
Very happy with the services provided by Alex Angel-Graham ! Delivered the best possible outcome in only very little time! Thanks alot Alex and Lamont Law ! ??
