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Historical sexual offences · Cairns & Far North QLD

Historical sexual offences lawyer in Cairns

Being accused of something said to have happened years or decades ago raises its own problems, because memories fade, witnesses move on and records are lost. Talk to Joseph Rahim in confidence about the allegation.

Free, confidential first consultation. No obligation.

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The law that applies

Which version of the law applies

Sexual offence laws in Queensland have changed several times. The version that applies depends on when the offence is alleged to have happened, and sometimes on when the charge was laid.

Consent

The affirmative consent laws apply only to offences alleged to have been wholly committed after 23 September 2024. Earlier conduct is dealt with under the law that applied before.

Older offences

Some offences have been renumbered or replaced over the years. For example, the courts apply a different rape provision to events before 27 October 2000 than to events after it.

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Where are you at?

Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.

The process

What usually happens after a criminal charge

Every matter is different, but most follow this order.

Police contact

You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.

The charge and bail

You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.

First court date

Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.

Resolution

The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.

Delay

Does the delay help?

The Evidence Act 1977 (Qld) deals with how a jury is directed about delay, for trials starting on or after 15 September 2020.

  • If delay caused a real disadvantageThe judge may direct the jury if satisfied that you have suffered a significant forensic disadvantage because of the delay, including delay in reporting.
  • Delay on its ownThe passage of time is not enough. The particular disadvantage has to be identified, such as a witness who has died or records that no longer exist.

Working out what has been lost because of the delay is part of preparing the defence, and it is best started early.

Things to avoid

Do not make your own inquiries

Contacting the complainant or witnesses to find out what is being said can breach bail and lead to arrest.

Keep old records

Diaries, work rosters, photos and old messages can matter when events are years old. Keep anything you have and do not alter it.

Do not give your side to police first

You must give your name and address when asked. Get advice before you say anything else.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He goes through the police allegations with you and tells you exactly what you are charged with.
  • He advises you before you speak to police or make any statement.
  • He gets the evidence reviewed early, and looks at whether the charge fits what is alleged.
  • He represents you in court, including on bail if it is needed.
  • He tells you plainly what to expect, and puts your circumstances properly to the court.
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Joseph Rahim, Principal of Coral Coast Law
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Questions

Historical allegation questions

Do the new consent laws apply to something years ago?

No. They apply only to offences alleged to have been wholly committed after 23 September 2024.

Will the judge tell the jury about the delay?

Only if satisfied that the delay caused you a significant forensic disadvantage. Delay alone is not enough.

Should I contact family members to find out what is going on?

No. Contacting the complainant or witnesses can breach bail. Get advice first.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

Didn’t see your question? Ask it in chat.

Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

0447 028 080

Free, confidential first consultation.

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This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.