Criminal-Lawyer-Perth has extensive courtroom experience defending allegations of historical sex offences, particularly where the so called victim was a child at the time of the alleged offending. We have defended cases where the allegation was said to have occured years ago to others said to have occurred decades into the past.
Because of the lapse of time, defending historical sex offences are not without difficulties. For example, complainants often cannot or will not provide exact or even accurate dates and times of the alleged sexual assault. In those cases the facts read something like “…on a day between October 1978 and October 1979…”
An accused can rarely remember details of where they were let alone what they were doing at some vague period of time, years in the past. Because an accused cannot remember where they were or what they were doing years ago means that an accused is invariably unable to raise an alibi for example or have someone come and give evidence in court that will support the defence case.
A very real issue is the way a person accused of sexual assault is treated – the immediate and often heard sentiment is that “if the police have charged him then he must be guilty.” Society sanctions sex offenders of all kinds and especially where children are the victims. The deep revulsion society has for child sex offenders is proper when an accused is found guilty by a jury or pleads guilty. However, in our legal system an accused has the presumption of innocence and deserves a vigorous defence irrespective of the nature of the allegation. It is for the court to decide the question of innocence or guilt.
At Criminal-Lawyer-Perth we are alive to the difficulties and problems associated with defending alleged historical sex offences. There are added complexities in the lead up to trial and during trial in cases where the complainant was a child at the time of the alleged sexual assault.
If you have been charged with an historical sex offence then call us at Criminal-Lawyer-Perth on 0422 656 589 to make an appointment with one of our experienced lawyers to discuss your case.