Under Investigation or Charged With Rape? Get Advice Before You Respond
You may be contacted by police before any charge is laid, or you may first become aware of the allegation when you are arrested or issued with court documents.
At either stage, what you say and do can become relevant to the case.
Our rape defence lawyers in Brisbane can advise you before a police interview, assess what information has been provided to you and explain what you are and are not required to do.
If you have already participated in an interview or provided a statement, we can review what was said alongside the other evidence and advise you from there.
The earlier we understand what has happened and what police are investigating, the sooner we can identify the issues that may affect your defence and advise you on the strongest next step.
Under Investigation or Charged With Rape? Get Advice Before You Respond
Rape is an offence under section 349 of the Criminal Code 1899 (Qld) and carries a maximum penalty of life imprisonment. The current definition covers specified forms of penile intercourse or penetration without the other person’s consent.
For someone defending a charge, the important question is not simply what the legislation says.
It is what the prosecution can prove beyond reasonable doubt in your particular case.
Depending on the allegation, the issues may include:
- Whether the alleged sexual act occurred
- Whether you were the person involved
- Whether consent was given
- Whether a mistaken belief in consent is legally available on the facts
- Whether the complainant's account is supported or contradicted by other evidence
- Whether the prosecution evidence is strong enough to establish the allegation beyond reasonable doubt
Our role is to identify which of those issues actually matter in your case and assess the evidence against the correct legal test.
How Our Brisbane Rape Defence Lawyers Assess Your Case
Rape cases can depend heavily on the accounts of the people involved and the evidence surrounding what occurred before, during and after the alleged incident.
We can review:
- The complainant's account and any recorded statements
- Your account and any police interview already completed
- Text messages, social media messages and other communications
- Communications before and after the alleged incident
- CCTV or other relevant video evidence
- Phone, location or digital evidence where available
- Medical and forensic material
- Witness statements
- Timelines and movements
- Evidence relevant to consent
- Inconsistencies between accounts or between an account and independent evidence
The purpose is to establish what is agreed, what is genuinely disputed and what the available evidence can actually prove.
That assessment then guides how the charge should be defended.
What Could Form Part of Your Defence?
Every rape allegation is different. We will look closely at your version of events, the prosecution evidence and the circumstances surrounding the allegation to identify the issues that could form part of your defence.
Depending on the case, this may include:
Consent – If the sexual activity itself is not disputed, the central issue may be whether it occurred with consent. We can examine messages, conversations, conduct and other evidence relevant to what happened between you and the complainant.
A mistaken belief about consent – In some circumstances, the issue may be whether you honestly and reasonably believed the other person was consenting. We can assess whether this defence is legally available based on the date and circumstances of the allegation.
The alleged sexual act did not occur – You may dispute that the alleged conduct happened at all, or dispute important parts of the complainant’s version. We can test that account against the other evidence available.
You were not the person responsible – If identity is disputed, we can assess the evidence police rely on to connect you to the allegation and identify evidence that supports your account.
Messages or other records support your version – Text messages, social media conversations, call records, CCTV, location data or other material may provide important context that is missing from the allegation.
There are significant inconsistencies in the evidence – Differences between statements, timelines or other evidence may become important when assessing whether the prosecution can prove its case.
Independent evidence contradicts the allegation – Witnesses, digital records, CCTV, forensic material or other evidence may not align with the version being alleged.
The prosecution evidence does not prove the charge beyond reasonable doubt – Even where there is evidence supporting an allegation, the question remains whether the prosecution can prove every required element of the offence to the necessary standard.
The strongest defence will depend on the facts of your case. Our role is to work out which issues genuinely matter, what evidence supports your version and where the prosecution case can be challenged.
A Rape Charge Requires Serious Criminal Defence Experience
Rape is a serious indictable offence. These matters can involve substantial briefs of evidence, committal proceedings and contested District Court proceedings.
The defence may also require input from barristers, forensic experts, psychologists, digital-evidence specialists or other professionals depending on the issues in the case.
Rana Lawyers focuses exclusively on criminal defence and represents clients across Queensland’s Magistrates, District and Supreme Courts. Shane McDowell, Director and Senior Criminal Lawyer, is an Accredited Specialist in Criminal Law and regularly appears across all three court levels.
For serious matters, our role is to ensure the case is properly assessed before strategic decisions are made, the necessary evidence is identified, and the right expertise is brought in where it can strengthen the defence.
Why Choose Rana Lawyers for a Rape Charge?
Focused criminal defence representation – Rana Lawyers practises in criminal law, including serious sexual offence proceedings.
75+ years of combined legal experience – your matter is supported by an established criminal defence team with extensive experience across Queensland courts.
Magistrates, District and Supreme Court experience – our lawyers handle matters from the early stages through to serious higher-court proceedings.
Detailed evidence review – we assess witness accounts, communications, police interviews, digital material, forensic evidence and other information relevant to the allegation.
Access to specialist support – where the case requires it, we can work with barristers and appropriate forensic, psychological or other experts.
Confidential and non-judgemental representation – sensitive allegations are handled discreetly and professionally.
Available 24/7 – you can contact our team if police want to interview you, you have recently been charged or an urgent bail or court issue arises.
Free 30-minute consultation – speak confidentially with our team and understand how we may be able to assist before deciding whether to engage us.
Speak With a Rape Defence Lawyer in Brisbane
If you are being investigated or have been charged with rape, get advice before making your next decision about the case.
Our rape lawyers in Brisbane can assess the allegation, review the available evidence and identify the defence issues that need to be addressed.
Book a free 30-minute confidential consultation or call (07) 2113 4440 to speak with Rana Lawyers.
Rana Lawyers Client Steps
Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.
Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.
