In today’s era, arguably, nothing is more complex and emotionally charged than sexual assault accusations. Such cases are often high-profile and have serious implications for both the accuser and the accused. But what happens if someone is charged with sexual assault and there is no physical or forensic evidence? Can an individual still be charged? Is evidence from the mouth sufficient? How can the accused defend themselves under such scenarios? Keep reading to find out.
Unlike all other criminal charges, sexual assault often happens behind the doors with no people to witness it, no cameras to capture it, and no physical evidence. It’s not uncommon that charges would be based on the complainant alone, which the law calls “word against word” cases.
In those circumstances, the case could even reach court without DNA, injury reports, CCTV cameras, or third-party witnesses. Without them, even the prosecution would still have the point that the testimony of the complainant is credible, detailed, and consistent.
This is why the advice and defence plan provided by a seasoned criminal lawyer in Perth WA, is essential when faced with such serious allegations.
Yes. According to Australian law, one can be charged and prosecuted for sexual assault on no physical evidence. Charges can be laid based on a credible complaint made to the police by the complainant.
The criminal justice system in Australia is founded on the assumption that a person accused of an offence is innocent until they are found to be guilty. When a case depends only on the complainant’s evidence, their credibility becomes the most important issue. The courts will consider:
A seasoned sexual assault lawyer will scrutinise every aspect of the prosecution’s case and try to look for inconsistencies, alternative explanations, or holes in the complainant’s account.
Where there is little or no physical evidence, the defence strategy is usually one of credibility and reasonable doubt. A good Assault Lawyer in Perth will:
Disprove the Complainant’s Version: Identify inconsistencies or contradictions in what they have said or between what they have said and what is on record (e.g., messages, timelines, witness statements).
Offer an Alibi or Alternative Explanation: Where feasible, the defence can present evidence demonstrating the accused to be elsewhere or that the meeting was consensual.
Revealing Investigation Deficiencies: Any shortfall in evidence collection, lead follow-up, or having material in hand can be revealed as part of the defence.
Cross-Examination: Proper cross-examination of the victim and other prosecution witnesses can have a dramatic effect on the judge or jury’s perception of the case.
Call Expert Witnesses: Expert testimony can be summoned if needed to explain behaviour or trends that contradict the prosecution’s account.
To be charged with sexual assault is likely the worst and most devastating thing one can experience. Beyond the chance of being imprisoned, there are lifetime consequences to one’s reputation, career, and health. That’s why getting proper legal representation is not just important. It’s essential.
A skilled sexual assault lawyer Perth can:
Negotiate with the prosecution on your behalf if there’s a realistic possibility of settlement (e.g., charge withdrawal or reduction).
Defences in such cases are highly refined, and anything uttered, particularly during an investigation, can impact the result.
Even if acquitted, reputational harm may be significant. Accusations of this type usually bear social stigma independent of the outcome at law. While no automatic redress for being falsely accused exists, your lawyer can indicate potential courses of action, such as:
Notably, a plea of not guilty guarantees that the court was not persuaded beyond a reasonable doubt, and you are released with no criminal record for that crime.
Sexual assault allegations can ruin a life even when there is no solid proof. In Australia, the witness’s word is enough to prosecute a person under the laws, so it is more necessary than ever before to make contact with a professional Sexual Assault Lawyer as soon as possible.
If you have investigations or allegations laid against you, do not talk to anyone or the police until you consult a sexual assault lawyer Perth. The sooner you see legal practitioners, the better your chances of protecting your rights, freedom, and future.