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Sex Offences

Been caught or under investigation?

It is imperative to seek comprehensive legal advice urgently if you are being investigated in relation to a sex offence or if you have been charged with a sex offence. We represent defendants charged with all sexual offending under the Queensland Criminal Code, including but not limited to Sexual Assault, Rape, Incest, Sodomy, Carnal Knowledge and Possession of child exploitation material. If you are being accused of a sexual offence, you may be at risk of imprisonment and you may be at risk of serious harm your reputation. Contact us today to schedule a confidential, free assessment of your case with one of our experienced and knowledgeable solicitors.

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We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.                                            

(1) Any person who—

(a) unlawfully and indecently assaults another person;

is guilty of a crime.

348 Meaning of consent

(1) In this chapter, consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

(2) Without limiting subsection (1), a person’s consent to an act is not freely and voluntarily given if it is obtained—

(a) by force; or

(b) by threat or intimidation; or

(c) by fear of bodily harm; or

(d) by exercise of authority; or

(e) by false and fraudulent representations about the nature or purpose of the act; or

(f) by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner.

(3) A person is not to be taken to give consent to an act only because the person does not, before or at the time the act is done, say or do anything to communicate that the person does not consent to the act.

(4) If an act is done or continues after consent to the act is withdrawn by words or conduct, then the act is done or continues without consent.

Section 215 Carnal knowledge with or of children under 16 -

(1) Any person who has or attempts to have unlawful carnal knowledge with or of a child under the age of 16 years is guilty of an indictable offence.

(2) If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(3) If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.

(4) If the child is not the lineal descendant of the offender but the offender is the child’s guardian or, for the time being, has the child under the offender’s care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.

(4A) If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.

The Prosecution must prove the defendant:

1. Had carnal knowledge of or with (the complainant).

2. Without her consent OR


1. Penetrated the vulva, vagina or anus of the other person.

2. To any extent.

3. With a thing or part of the defendant’s body that is not a penis.

4. Without the consent of the other person. OR


1. Penetrated the mouth of the other person.

2. To any extent.

3. With the defendant’s penis.

4. Without the consent of the other person.

The prosecution must prove that:

  1. The defendant had carnal knowledge of complainant; Carnal knowledge means the insertion of the penis into the genitalia (or anus). Penetration by the penis is required: Holland v The Queen (1993) 67 ALJR 946. The offence is complete upon penetration; Penetration to the slightest degree is sufficient – there is no need for full penetration; Ejaculation is not necessary.
  2. There was a relationship between the defendant and the complainant of the type which is alleged (offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece).
  3. The defendant knew that there was that relationship, or a relationship of that type.

The prosecution must prove that:

  1. The defendant dealt with the complainant.
    The term “deals with” includes a touching of the child. It does not have to be a touching of the child by the defendant’s hand – it can be a touching of the child by any part of the defendant’s body.
  2. The dealing was indecent. The word “indecent” bears its ordinary everyday meaning, that is what the community regards as indecent. It is what offends against currently accepted standards of decency. Indecency must always be judged in the light of time, place and circumstances.
  3. The dealing was unlawful. Unlawful means not justified authorised or excused by law.
  4. The complainant was under 16 years.

What Our Clients Say

The feedback we receive regularly from our clients speaks volumes about our commitment to excellent results, professionalism and service.

Karen Kettlewell

Belinda is the epitome of professionalism in her practice of criminal law. I’ve worked as a Criminologist in the court system alongside Belinda for many years and would refer clients to her for representation. Belinda is fair and empathetic and is able to get the result a client deserves.

Aman Walia

Belinda what you have done for me I can never put into words. Thank you for helping me have a new start in life. Thank you for listening without judgement. Thank you for being on my side. Thank you for being a brilliant lawyer. Thank you for caring.

casey strand

Belinda recently represented a close family member and thankfully got an outcome that no other lawyer said was possible.. It's clear to see that you are passionate about your work as well as being caring, honest and sincere for your clients. If your wanting the best possible outcome I cannot recommend Belinda enough!! Thankyou!

Neville Bush

Belinda is exceptional. She handled my case and everything was taken care of without much of my intervention. I am pleased to have her work on my case. I will recommend her services to my friends and family.

paul makin

Right from the very first message, Belinda has helped me all the way. She's so caring, kind and intelligent. She has given 110% and is an absolute shining star in the world of legal. Her integrity, trust and ability to adapt to the curve balls thrown at her in my case were mind blowing. I just wish there were more people in this world with the caring attitude and attention to detail she has given. Her follow up care was absolutely astounding, checking in on me , and even my family. Thankyou so much from the bottom of my heart Belinda. I'll never be able to thank you enough. You can try the rest , but don't bother , just go to the best from the start !

Melissa Peachey

Belinda is an exceptional criminal lawyer, her attention to detail and professionalism goes above and beyond any of my expectations. We heard about Belindas success with our friend's driving offences and we didn't hesitate to employ her services for our legal battle. Her expertise and knowledge of the law was incredible but she made the process so simple, as legal jargon goes over my head. It was such a stress free experience and we were so happy with the result. You will not be disappointed with Belinda and her excellent client care. We will be using her again in future. Thank you.

Brock Lewis

Belinda, your an absolutely phenomenonal criminal lawyer, and an amazing person! Thankyou for everything and more that you did with my case! Highly Recommend Belinda to anyone in need of the best of the best to represent them to ensure the best results on the Coast!! Your work ethic, passion & drive, commitment, caring attitude, professionalism and more is truly second to none! Thankyou again from myself and the family! X

Desmond Summerfield

I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.

Jesse Parker

Absolutely recommend! I hold Belinda’s legal advice and legal representation to the highest of levels. Easily contactable, listens to instruction yet gives advice if she thinks it’s not the best move, conducts herself with the up most professionalism. You will not regret putting your trust into Robinson Law to handle your matter.

Anne Strelow

Belinda’s professionalism and tireless work as a Solicitor is truly amazing. Belinda’s empathy and dedication to her clients is second to none, her commitment to helping others is paramount. As a gifted solicitor and equally an incredible human being, Belinda is the one to help you. Forever grateful. AS.

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