Rape lawyers in Melbourne are tasked with carrying out one of the most important roles in modern day Australian society.
The Human Rights Commission would highlight in 2017 that Australia has a major problem with sexual assault cases, an abrupt and uncomfortable fact that perpetrators and society alike must confront.
In a city as diverse as Melbourne, legal minds are tasked with carrying out justice and presenting evidence to support their argument before a court of law.
Whilst some cases will be settled out of court, the illegal and immoral violation of rape stands as one of the most serious crimes that could be committed.
Victims of sexual violence and assault not only deserve to be heard, but they deserve a voice in court that is in place to ensure justice is served.
Here we will outline why this niche of the profession is so valuable to the community at large.
Dealing With The Sensitivity and Gravity of Rape
There has been a number of advancement in the past few decades with sexual assault cases, giving rape lawyers in Melbourne more scope to carry out their task. From use of force to intimidating victims, the understanding that rape can occur within a marriage, using a model of law that is statute-based and regarding various types of evidence that can fall under the category of rape, this is rightfully a sensitive issue that holds a significant amount of gravity in the judicial system. Generations have seen complaints about sexual assault and rape not given the right degree of acknowledgement or due process, but lawyers in this specific field in 2018 have the capacity to prosecute to the full extent of the law now that the law has changed.
Rape lawyers in Melbourne do not have a case to work with unless they can prove that sexual penetration was intentional. In this setting, penetration can be fleeting or slight and does not have to have been committed for the sake of sexual gratification. This can constitute a penis, object or another body part. Intent is an element that can be difficult to understand when analyzing subjective cases, as a judge and jury will have to taken into account previous history, the nature of the relationship, circumstantial and direct evidence to decide one way or the other if intent was clear.
Arguably the most important element for cases involving rape lawyers in Melbourne is the capacity to prove consent which will illustrate with clarity one way or the other whether a sexual assault has been committed or not. Education around consent is a hot topic in Australian society today in the wake of the Me Too movement that has transitioned from the United States of America to our shores.
What is at play in this instance is a strict and selective set of criteria that stipulates if an adult does not obtain consent. This can include their state of consciousness, mistaken identity, under legal age, fear of harm, use of force, use of alcohol or drugs, no action to indicate consent or withdrawing it completely.
Asking The Important Questions
Where rape lawyers in Melbourne genuinely prove their worth to the community is by asking the important questions. Did they have intent to penetrate the complainant? Did the penetration take place in the way in which the complainant alleged? Did this take place with their consent? Was the accused individual aware or not aware that consent was or was not given? Each one of these questions is vital because it will establish one way or the other if there are accepted facts and where the prosecution and defence will differ.
Defending The Innocent and Wrongfully Accused
There are cases, however rare they might be, where rape lawyers in Melbourne are utilised to assist the defence of someone alleged to have committed the crime. The presumption of innocence remains and the burden of proof does like with the prosecution team after all.
The reputation of an individual charged with rape has to be a secondary concern to an investigation of sexual assault, but in seldom cases where a complainant is lying, misrepresenting the truth or falling for a case of mistaken identity, then the defence is justified to cross-examine and ask equally pertinent questions. Grey areas emerge legally when heavy drinking is involved, as there are unique parameters around drunken consent and the state of intoxication.
Sexual offences in Victoria range their sentencing between 5 and 25 years in prison, a result that only qualified and experienced rape lawyers in Melbourne can achieve. The severity of the sentencing will take into account a series of factors, such as the inclusion of a weapon, the age of the victim, the state of mind of the rapist and many more details that speak to the nature of the crime.
Rape lawyers in Melbourne must confront the full extent of what occurred and outline the details of a case to a judge or jury, no matter how graphic those details may be. Victims of rape suffer trauma that ventures far beyond the incident itself, so it is vital that prosecutors in this field carry out their duty with no limitations or hesitancy. A local community like Melbourne requires these professionals to work unwavering in their pursuit of justice.