Historical Sexual Assault in WA
Our legal team have extensive courtroom experience defending allegations of historical sexual assault and rape offences, particularly when the victim was a child at the time of the alleged offending. We have defended cases where the alleged conduct was said to have occurred years ago, or even decades ago.
Due to the lapse of time, defending historical sex offences are difficult. 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 in time some years ago. This issue means that an accused is invariably unable to raise an alibi or have someone come and give evidence in court that will support their 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 when 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 within a court of law that an accused’s innocence or guilt is determined.
At Criminal-Lawyers-Perth we are alive to the difficulties and problems associated with defending alleged historical sexual offences. There are also added complexities in the lead up to and during a trial where the complainant was a child at the time of the alleged sexual assault. If you want to hear more listen to Marc Saupin’s interview on Radio 882 6PR.
If you have been charged with a historical sex offence then call us on 0422 656 589 to make an appointment with one of our experienced criminal lawyers.
The above represents information only and is not to be taken as providing legal advice. It is purposely written in non-technical legal language in order to be understood by a wide audience of people from all types of backgrounds. If you want to know more about this topic you are advised to contact us or call one of our criminal lawyers directly on 0422656589 or speak to a lawyer of your choosing.