Melbourne Sex Crime Lawyers | Sexual Assault | Indecent Assault Lawyers

In Victoria, sexual offences are set out mainly in Part I, Division 1 of the Crimes Act 1958 and are serious criminal charges that can lead to imprisonment, sex offender registration and visa cancellation. Since 30 July 2023, Victoria has applied an affirmative consent standard: a belief in consent is not reasonable if the person did not say or do anything to find out whether the other person consented. If police have contacted you or you have been charged, speak with a lawyer before any interview and keep the matter confidential.

Key points

• Victorian sexual offences are mainly found in Part I, Division 1 of the Crimes Act 1958.
• Affirmative consent reforms took effect on 30 July 2023: consent to one act is not consent to another, and consent can be withdrawn at any time.
• You have the right to remain silent and may contact a lawyer before a police interview.
• Conviction for certain sexual offences triggers registration and reporting obligations under the Sex Offenders Registration Act 2004.
• For non-citizens, sexual offences (particularly those involving children) can lead to failing the character test under section 501 of the Migration Act 1958.

What offences count as sexual offences in Victoria?

Part I, Division 1 of the Crimes Act 1958 covers a range of sexual offences. Common charges include:

• Rape and rape by compelling sexual penetration;
• Sexual assault, meaning non-consensual sexual touching;
• Sexual offences involving children, and grooming offences;
• Image-based offences, such as producing or distributing intimate images without consent.

The elements and maximum penalties differ widely between offences. Cases usually begin in the Magistrates' Court, and more serious charges are committed to the County Court or Supreme Court.

What do the 2023 affirmative consent reforms mean?

Since 30 July 2023, Victorian law requires each participant in sexual activity to take steps to find out whether the other person consents. If, within a reasonable time before or at the time of the act, a person did not say or do anything to find out whether the other person consented, a belief in consent is not reasonable. Consent to one act, such as kissing, is not consent to another, and anyone can withdraw consent at any time.

This means a defence often focuses on what happened, how the parties communicated, the timeline and the reliability of the evidence. Which consent test applies depends on when the alleged conduct occurred, so a lawyer needs to check each allegation carefully.

What should you do if police ask you to an interview?

Police may call, visit or write asking you to 'assist with inquiries' or attend a recorded interview. You have the right to remain silent, and anything you say may be used as evidence in court. We suggest that you:

• Contact a lawyer before the interview to understand the allegation and your rights;
• Ask for a professional interpreter if English is not your first language;
• Do not contact the complainant, and do not delete phone messages or social media records;
• Keep chat logs, travel records and witness details relevant to the events and give them to your lawyer to assess.

Court process and protections for witnesses

Sexual offence cases have special procedural rules. For example, complainants may give evidence by video link, and some witnesses with communication difficulties (such as children or people with a cognitive impairment) may be assisted by an intermediary. Questions about a complainant's sexual history are strictly limited. Defence lawyers must review evidence and prepare cross-examination within these rules, and consider whether pre-trial steps can narrow the issues or lead to some charges being withdrawn.

Sex offender registration and visa consequences

Under the Sex Offenders Registration Act 2004, a person sentenced for a registrable offence must report personal details, address, travel plans and other information to police for a set period, and may be restricted from child-related work. The reporting period depends on the offence and circumstances.

For temporary visa holders, international students and permanent residents, a sexual offence conviction may lead to visa cancellation or refusal of future visas. Under section 501 of the Migration Act 1958, a sentence of 12 months' imprisonment or more, or a sexually based offence involving a child, can result in failing the character test. Both the criminal and the migration consequences should be assessed before deciding whether to plead guilty or accept any outcome.

How we can help

Chua Tan Associates has practised in Melbourne since 1990. Our lawyers run criminal cases themselves and can communicate in Mandarin, Cantonese or English. We act in strict confidence and can help you prepare for a police interview, apply for bail, review the evidence, negotiate with the prosecution and brief a barrister where needed. For example, if an international student is invited to a police station to 'explain', we would first find out the allegation, deal with the interview arrangements and assess the effect on their student visa at the same time.

Frequently asked questions

Police want to interview me about a sexual assault allegation in Victoria. Do I have to go?

You have the right to remain silent and generally do not have to answer police questions, but get legal advice before deciding whether to attend and how to respond, as this can affect bail and the rest of the case.

When did affirmative consent law start in Victoria?

It took effect on 30 July 2023. Conduct before that date may be assessed under the earlier test, depending on when the alleged conduct occurred.

Can a sexual offence conviction lead to visa cancellation?

It can. Under section 501 of the Migration Act, a sentence of 12 months' imprisonment or more, or a sexually based offence involving a child, can lead to cancellation or refusal. Get criminal and migration advice early.

Will I definitely be placed on the sex offender register if convicted?

Not in every case. Whether registration applies, and for how long, depends on the offence, the sentence and the circumstances. A lawyer can assess this before sentencing.

Will my family or university find out if I get advice?

Communications with your lawyer are protected by legal professional privilege. We keep your matter strictly confidential and will not disclose it without your consent, subject to the law.

If you or a family member is facing a sexual offence investigation or charge in Victoria, call 03 9602 3988 as early as possible for a confidential consultation. Meet us at our Melbourne CBD office at Level 2, 262 Queen Street, or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026