Recognising sexual abuse
Sexual abuse is a profound violation that impacts individuals at their core, leaving lasting emotional and physical scars. At Elysian Law, we understand the delicate nature of these cases and are committed to providing compassionate legal support to victims. Our goal is to empower survivors by advocating for their rights and guiding them through the legal process to ensure they receive the justice and protection they deserve. We are dedicated to handling each case with the utmost sensitivity and confidentiality, ensuring that survivors feel safe and supported throughout their legal journey.
What is sexual abuse?
Sexual abuse is any unwanted sexual activity forced upon one person by another. It can occur in various contexts, including but not limited to intimate relationships, workplaces, educational institutions, and public spaces.
At Elysian Law, we understand that this form of abuse can have severe and long lasting effects on a person’s physical and psychological well being. We are here to support and guide you through every step of your legal journey.
Forms of sexual abuse include:
Sexual assault
In Queensland, sexual assault involves any non consensual sexual interaction achieved and often coercion, intimidation, or manipulation tactics are used. This includes acts of rape or attempted rape, as well as any unwelcome sexual touching or groping.
Consent for any sexual activity must be given willingly and voluntarily given. In Queensland, consent is not valid if:
- It is obtained through coercion, threats, or intimidation.
- It is based on deception (for example, if someone pretends to be a medical professional or your partner).
- The individual is unconscious or asleep.
- The individual is under the influence of drugs or alcohol.
- The individual is under 16 years of age
- Inferred based on a person’s silence or has been rescinded or previously given on other occasions.
Rape and attempted rape
Non-consensual penetration, regardless of the relationship is regarded as sexual abuse in Queensland.
Sexual harassment
Unwanted sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature that affect a person’s employment, interfere with work performance or create a hostile environment.
Image-based abuse
When an individual takes or distributes nude or sexual images of others without their consent or authorisation, it is called image-based abuse. This involves actions like threatening to share these images with others, such as friends, family members, coworkers, or on social media platforms.
Impact on Victims
The consequences of sexual abuse are profound. People often suffer from severe anxiety, depression, post traumatic stress disorder (‘PTSD’), and various physical health issues, including sexual and reproductive health problems. The emotional toll can lead to difficulties in personal relationships, social withdrawal, and a diminished sense of self worth.
Victims of sexual abuse have access to various legal measures designed to offer protection and hold perpetrators accountable. Elysian Law is committed to guiding clients through these legal avenues to ensure their safety and facilitate justice.
Police protection notice
Application for a protection order
Temporary protection order
A temporary protection order is an order a court can make at the initial stage of the proceedings. There are certain legislative criteria a court has to be satisfied of before a TPO can be made. A TPO functions similarly to a final protection order but is intended for short term use to protect those in need until a Magistrate can make a decision on the full protection order application. If a condition of a TPO is breached, it is a serious criminal offence.
It is important to seek legal advice and representation prior to the first court appearance to ensure the court has the right to impose a TPO and if so, what are the fair and just conditions of the TPO.
Final protection order
If a final protection order is made by the court it will contain conditions that aim to reduce the risk of future acts of domestic and family violence occurring. If the court makes a final protection order, it can be in place for up to 5 years.
If a person breaches a condition of a final protection order during this time, it can result in being criminally charged and bail being refused. It is important to obtain legal advice and representation prior to a final protection order being made.
How Elysian Law can help
Elysian Law offers expert legal services designed to support victims of sexual abuse comprehensively:
Legal Representation
Our experienced lawyers provide robust representation in court, advocating for the victim’s rights and working to secure the necessary legal protections such as protection orders and justice in criminal proceedings.
Guidance Through the Legal Process
We help our clients understand the often complex legal procedures involved in sexual abuse cases. From initial filings to final hearings, we ensure that people are fully informed and prepared every step of the way.
Frequently Asked Questions
What should I do immediately if I am a victim of sexual abuse?
If you are in immediate danger, call the police. For all cases of sexual abuse, it’s crucial to seek medical care as soon as possible, not only for your health but also to preserve any evidence. Contacting a legal professional like Elysian Law can help you understand your rights and the next steps in protecting yourself legally and personally.
How can Elysian Law help me obtain a protection order?
Elysian Law can assist you to obtain protection from the conditions of a protection order. We will handle the filing of all necessary documents, compile evidence, represent you during court proceedings, and ensure that the protection order addresses all relevant aspects of your situation, including any specific threats or concerns related to the abuse.
Can the perpetrator of sexual abuse be prosecuted?
Yes, perpetrators of sexual abuse can face criminal charges, which can result in penalties such as imprisonment.
Are there confidentiality protections for victims of sexual abuse in legal proceedings?
Yes, there are strict confidentiality protections in place to protect the identity and privacy of sexual abuse victims during legal proceedings. Elysian Law upholds these protections rigorously, ensuring that your case is handled with the utmost sensitivity and discretion.