Being charged with a sexual offence in Brisbane is one of the most serious and personally devastating situations a person can face. The stigma alone can be life-altering, and a conviction carries severe penalties including lengthy terms of imprisonment and placement on the sex offender register. Whether you have been charged with sexual assault, rape, indecent treatment of children, or any other sexual offence, you need a Brisbane criminal lawyer who will fight for you with skill, discretion, and determination.
Hannay Criminal Defence’s Brisbane criminal lawyers have defended clients charged with the full spectrum of sexual offences. We understand the sensitivity of these matters, the complex legal and evidentiary issues involved, and the critical importance of protecting your rights from the outset. We don’t miss a trick.
Sexual offences in Queensland are governed by the Criminal Code Act 1899 (Qld), primarily in Chapter 32. These are among the most serious offences in the Criminal Code and attract some of the highest maximum penalties.
Rape (Section 349) — Under section 349, a person who rapes another person is guilty of a crime carrying a maximum penalty of life imprisonment. “Rape” is defined as carnal knowledge or penetration of the vagina, vulva, or anus without consent, or penetration of the mouth to any extent with the penis without consent.
Sexual assault (Section 352) — Under section 352, sexual assault involves sexually touching another person without their consent. The maximum penalty is 10 years imprisonment.
Indecent treatment of children under 16 (Section 210) — This offence carries a maximum penalty of 20 years imprisonment where the child is under 12, or 14 years where the child is between 12 and 16.
Maintaining a sexual relationship with a child (Section 229B) — This offence carries a maximum penalty of life imprisonment.
Observations or recordings in breach of privacy (Section 227A) — This offence, which includes upskirting and filming in public spaces, carries a maximum penalty of 3 years imprisonment or 5 years if the subject is a child.
Recent legislative reforms, including the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, have introduced an affirmative consent model in Queensland. This means that a person is taken not to consent unless they said or did something to communicate consent. This reform has significant implications for how sexual offence matters are prosecuted and defended.
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