SEXUAL ASSAULT

In Queensland, sexual assault is defined under section 352 of the Criminal Code Act 1899 (Qld). It occurs when a person unlawfully and indecently assaults another, or procures them without consent to commit or witness an act of gross indecency. The law is designed to protect individuals from unwanted sexual conduct and to reinforce that consent must always be free and voluntary.

In Queensland, sexual assault is an offence under section 352 of the Criminal Code Act 1899 (Qld). The maximum penalty is 10 years imprisonment.

Where the assault involves non‑consensual oral contact of an intimate nature, the law treats this as an aggravated form of sexual assault. In those cases, the maximum penalty increases to 14 years imprisonment.

Sexual assault charges are treated with the utmost seriousness by the courts. A conviction can result in lengthy imprisonment and life‑long consequences. If you are facing this charge, urgent legal advice is essential to protect your rights and future.

To convict a person of sexual assault in Queensland, the prosecution must prove beyond reasonable doubt that:

- An assault occurred – there was unlawful physical contact or conduct.

- The assault was indecent – the behaviour had a sexual nature or connotation.

- The complainant did not consent – the other person did not freely and voluntarily agree.

- The accused acted intentionally – the conduct was deliberate, not accidental.

If the prosecution alleges the aggravated form of sexual assault, they must also prove the additional circumstance that makes the conduct more serious (for example, oral contact of an intimate nature). This increases the maximum penalty from 10 years to 14 years imprisonment.

Unless the prosecution can prove each of these elements beyond reasonable doubt, the charge cannot be made out. This is why obtaining urgent legal advice is critical to protecting your rights and future.

Being charged with sexual assault does not mean a conviction is inevitable. In Queensland, there are several legal defences that may be available, depending on the circumstances of the case. These include:

- Consent – where it can be shown that the complainant freely and voluntarily agreed to the conduct.

- Mistaken belief in consent – if the accused honestly and reasonably believed the other person was consenting (s 348A Criminal Code).

- Identification issues – where there is doubt about whether the accused was the person involved.

- Lack of intent – if the contact was accidental or not deliberate.

- Duress or necessity – in rare cases, where the accused was forced or compelled to act in a certain way.

Every case is unique. Whether a defence can be raised will depend on the specific facts and the evidence. If you have been charged with sexual assault in Queensland, it is vital to seek legal advice promptly so your situation can be assessed and your legal options clearly explained.

A conviction for sexual assault under section 352 of the Criminal Code Act 1899 (Qld) carries serious and long‑lasting consequences that extend well beyond any immediate sentence imposed by the court. These include:

- Imprisonment – Sexual assault carries a maximum penalty of 10 years’ imprisonment, or 14 years if a circumstance of aggravation is proved. Courts treat these offences with the utmost seriousness, and prison sentences are common.

- Criminal record – A conviction becomes part of your permanent criminal history. This can affect future opportunities, including international travel and applications that ask about criminal convictions.

- Employment and career – Even where a person is not imprisoned, a conviction for sexual assault can seriously affect their work and career opportunities. Many employers ask about criminal history or conduct background checks, and a conviction for a sexual offence can make it difficult to secure or retain employment. Jobs that rely on trust or involve contact with vulnerable people are especially affected, including teaching, childcare, health care, and security. Travel restrictions and reputational harm can also limit promotions, professional networking, and opportunities interstate or overseas.

- Blue Card and regulated child‑related work – Sexual assault is classed as a serious offence under Queensland’s Blue Card system. A conviction does not automatically disqualify you, but it triggers a strict risk assessment. In practice, it is extremely difficult to obtain or keep a Blue Card after such a conviction. Without a Blue Card, you cannot work or volunteer in child‑related roles such as schools, childcare, sport, or youth programs.

- Professional registrations and licences – Regulatory bodies (for example, those overseeing teachers, nurses, carers, and security personnel) may suspend or cancel registration or licences following a sexual assault conviction, preventing you from working in those fields.

- Travel and visas – Many countries, including the United States, Canada, and parts of Asia, refuse entry to people with serious criminal convictions. This can prevent both short‑term travel and long‑term relocation.

- Reputational harm – A conviction can cause lasting damage to your personal and professional reputation. It may affect relationships, community standing, and future opportunities in ways that extend far beyond the courtroom.

- Sex offender reporting obligations –Depending on the circumstances — particularly if the complainant is a child — a conviction for sexual assault may trigger ongoing reporting obligations under Queensland’s sex offender laws. These obligations require strict compliance with monitoring and notification requirements.

Your freedom, career, and reputation are all on the line if you are convicted of sexual assault. These consequences are permanent and life‑changing. Do not face them alone — get urgent legal advice today to protect your rights and your future.

Being accused of sexual assault is overwhelming — even before a charge is laid, your freedom, career, and reputation are already at risk. At Coral Coast Law, we act quickly to protect you at every stage.

- Before charges are laid – If police want to speak with you, or you know an allegation has been made, getting legal advice immediately is critical. We prepare you for interviews, deal with police on your behalf, and ensure your rights are protected from the very start.

- Immediate advice and strategy – The first steps you take can shape the entire outcome. We give you clear, practical advice so you know exactly where you stand.

- Challenging the case against you – We scrutinise the prosecution evidence, identify weaknesses, and build a strong defence. From witness statements to forensic material, nothing is left untested.

- If a full defence is not available – Even where the evidence is strong, our role is to protect your interests. We negotiate with prosecutors, seek to have charges reduced where possible, and make persuasive submissions to minimise penalties.

- Strong representation in court – Whether you are contesting the charge or considering a plea, we fight for you in court with skill and determination.

- Protecting your future – Beyond the courtroom, we focus on minimising the long‑term impact on your career, reputation, and personal life.

- Clear communication – We keep you informed at every stage, explaining your options in plain language so you can make confident decisions.

Your freedom, career, and reputation are all on the line if you are convicted of sexual assault. These consequences are permanent and life‑changing. Do not face them alone — contact Coral Coast Law today for confidential advice and strong representation to protect your rights and your future.