The work of sex offences lawyers in Melbourne has never been more prevalent than it is today in 2019.
This past decade has seen a spike in incidents relating to sexual offences, with an increase of 45% between 2007 and 2012 within the state of Victoria.
Despite public campaigns such as the White Ribbon initiative among others hoping to spread awareness and tackle the issue head-on, incidents continue to occur at an unsatisfactory level.
From assault to indecent exposure, rape or incest, there are crimes in this category that only narrowly rank behind murder in relation to the resulting punishment in a court of law.
This places a great deal of pressure on legal professionals to ensure that justice is carried out and all of the facts are presented before a judge or jury.
Here is where we will take a closer look at the protocols that should be adhered to by these sex offence lawyers in Melbourne.
Special Cross Examination Rules Apply
Sex offence lawyers in Melbourne have a unique set of rules and guidelines that in play when looking at the notion of cross examination. For those victims who either carry a cognitive impairment or are a child, then any evidence they provide in confidentiality cannot be material used to cross examine the defendant. This evidence can be in the form of a recording through an interview or a statement they provide to police. Likewise the defence cannot cross examine a complainant when it comes to confidential modes of communication. This can be in the form of a doctor’s assessment, discussions with a priest or a visitation with a psychologist.
Client Requires Guidance and Counseling
Sex offence lawyers in Melbourne have to go beyond the realms of looking at these incidents from a pure win-loss scenario in a court of law. Whilst that will be the end game for the prosecution, there is a significant emotional and psychological element at play when it comes to the mental health of the victim. This is where counseling and guidance is required to carefully walk them through the process and to keep them away from the procedure when they are not required. That judgment of distance is important because these cases can be overbearing to bring up a great deal of trauma and pain on their behalf.
Working on Settlements If Required
Sex offence lawyers in Melbourne have to reflect the wishes and intentions of their client at all times. Even when they have been counseled on the ramifications of certain charges and the results that could occur, they have to ensure that the client is satisfied with their representation. In that setting there will be times when a settlement is sought after, avoiding any court proceeding that would be traumatic for the victim. Those who have been abused by the Catholic church in particular are a case study for out of court settlements, obtaining financial remuneration for their physical and emotional anguish. Whilst this path is always bittersweet to leave an unsatisfactory approach in many instances, avoiding a public setting in court is an option that some clients simply prefer.
Assessing Lost Entitlements
Sex offence lawyers in Melbourne have to run their eye over the career of an individual who suffered trauma from a sex offence spanning over years. This is an incident that could have affected their potential to earn a living or achieve their potential in the commercial sector. If that is the case, they can be entitled to the benefits that have been lost subsequent to the incident, an issue that will be at the forefront of the prosecution.
Summary
There are particular protocols for sex offence lawyers in Melbourne who have a great deal to balance on behalf of their client. Given the rise in incidents that have occurred this decade, this is work that is incredibly valuable to the community.
