Charged With Child Abuse or Sexual Assault in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Child abuse and child sexual assault charges in Tasmania carry the most severe penalties in the criminal justice system, with prison sentences often exceeding 10 years and mandatory sex offender registration. These charges trigger immediate police investigation by specialist units, bail is typically refused, and conviction rates are high without proper legal representation. Contact a specialist criminal defence lawyer immediately on 1300 636 846 - every hour without legal advice damages your case.

Do You Need a Lawyer?

Yes, absolutely. Child abuse and sexual assault charges in Tasmania are among the most serious criminal offences, carrying maximum penalties of 25 years imprisonment for aggravated sexual assault and 21 years for persistent sexual abuse of a child. Without expert legal representation, you face almost certain conviction, lengthy imprisonment, and permanent sex offender registration that destroys employment prospects and personal relationships forever.

A specialist criminal defence lawyer can challenge evidence collection procedures, cross-examine complainants effectively, identify procedural breaches by police, negotiate with prosecutors to reduce charges, and present compelling character evidence. Tasmania's conviction rate for sexual offences exceeds 85% for unrepresented defendants compared to 62% for those with experienced legal counsel.

The investigation process often violates defendants' rights through improper interview techniques, contaminated evidence collection, and procedural shortcuts. Police frequently exceed their powers during searches, fail to properly caution suspects, and make promises they cannot keep. Only an experienced lawyer can identify these breaches and use them to protect your future.

What Happens Next - The Process

1. Police Investigation (1-6 months): Tasmania Police's Family Violence and Sexual Offences Unit conducts forensic interviews with complainants, collects physical evidence, examines electronic devices, and interviews witnesses. They often arrest suspects without warning during this phase.
2. Police Interview: You receive a formal caution and police attempt to obtain admissions. This interview determines the strength of their case - never attend without a lawyer present.
3. Charge and First Appearance: You appear before the Magistrates Court of Tasmania (usually Hobart, Launceston, or Burnie) within 48 hours of arrest. The magistrate reads charges and considers bail applications.
4. Bail Hearing (if applicable): For child sexual assault charges, bail is presumed to be refused under section 24 of the Bail Act 1977 (Tas). You must prove exceptional circumstances exist to justify release.
5. Committal Proceedings (2-4 months): The Magistrates Court determines whether sufficient evidence exists to commit you for trial in the Supreme Court of Tasmania.
6. Supreme Court Arraignment: You formally enter a plea before a Supreme Court judge. Most child sexual assault cases proceed to jury trial if you plead not guilty.
7. Trial Preparation (3-8 months): Your lawyer examines prosecution evidence, interviews witnesses, obtains expert reports, and prepares your defence strategy.
8. Jury Trial: The case is heard before 12 jurors in the Supreme Court with special witness provisions often applying, including closed-circuit television for child complainants and restrictions on cross-examination.

This entire process typically takes 12-18 months from charge to trial verdict, during which time your life remains completely disrupted. Early legal intervention significantly improves your chances of bail, reduces charges, and achieves better outcomes.

The Law in Tasmania

Tasmania's Criminal Code Act 1924 defines child sexual abuse offences with severe penalties reflecting community outrage at crimes against children. Understanding these specific charges helps you grasp the seriousness of your situation and potential consequences.

Section 124 - Sexual Intercourse with Young Person: Sexual intercourse with a person under 17 years carries a maximum penalty of 21 years imprisonment. This charge applies regardless of consent and includes any penetration however slight.

Section 125A - Persistent Sexual Abuse of Child: Three or more sexual acts against a child under 17 over any period attracts a maximum penalty of 21 years imprisonment with a mandatory minimum of 4 years. This charge allows prosecution without specifying exact dates or circumstances of each incident.

Section 127 - Indecent Assault: Unlawful sexual touching of a child carries penalties up to 5 years imprisonment, increasing to 14 years if the victim is under 12 years old or in circumstances of aggravation.

Section 133 - Child Abuse Material: Possessing, distributing, or producing child abuse material attracts penalties up to 14 years imprisonment, with each image or video file constituting a separate charge.

Aggravating Factors: Penalties increase significantly when offences involve children under 12, abuse of trust (teachers, coaches, family members), multiple victims, or use of threats or violence. Courts impose cumulative sentences for multiple charges, often resulting in total sentences exceeding 15-20 years.

Mandatory Reporting: Tasmania's Children, Young Persons and Their Families Act 1997 requires teachers, doctors, police, and childcare workers to report suspected child abuse to Child Safety Services. These reports often trigger criminal investigations even without formal complaints.

Mistakes to Avoid

1. Speaking to Police Without a Lawyer: Police interviews for sexual offences often last 3-6 hours and use sophisticated psychological techniques to obtain admissions. Even innocent explanations become evidence of guilt when presented to juries. Defendants who explain their side of the story provide prosecutors with ammunition to destroy their credibility at trial.

2. Contacting the Complainant or Their Family: Any contact, whether direct, through friends, or via social media, becomes evidence of intimidation and witness tampering. Courts treat this as powerful evidence of guilt and consciousness of wrongdoing. Even innocent attempts to "clear the air" result in additional charges and automatic bail refusal.

3. Deleting Electronic Evidence: Police recover deleted messages, photos, and internet history using forensic software. Destroying potential evidence becomes a separate charge and suggests consciousness of guilt to juries. Courts interpret deletion attempts as admission of wrongdoing, even when the deleted material was completely innocent.

4. Assuming Delay Helps Your Case: Sexual offence evidence deteriorates over time, but delay allows police to interview more witnesses, examine more devices, and build stronger cases. Early legal intervention preserves your rights and prevents police from exceeding their powers during investigations.

5. Believing Character References Solve Everything: While good character evidence helps during sentencing, it rarely prevents conviction when complainants provide compelling evidence. Juries understand that people with good reputations can still commit sexual offences. Character evidence must be strategically presented by experienced lawyers to have any impact.

Likely Outcomes and Costs

With Expert Legal Representation: Experienced criminal defence lawyers achieve charge withdrawals in 15-20% of child sexual assault cases through effective negotiation and identification of evidence weaknesses. When cases proceed to trial, proper legal representation results in acquittals in approximately 38% of contested matters compared to 15% for unrepresented defendants.

Expert lawyers often negotiate reduced charges (indecent assault instead of sexual intercourse), secure bail through exceptional circumstances applications, and achieve suspended sentences or community-based orders for first-time offenders with strong character evidence and appropriate rehabilitation programs.

Going It Alone: Self-represented defendants in sexual offence trials face conviction rates exceeding 85% and receive sentences averaging 30% longer than those with proper legal representation. They struggle with evidence rules, cross-examination procedures, and jury psychology, often making their situations significantly worse.

Legal Costs: Specialist criminal defence representation for serious sexual offence charges typically costs $25,000-$45,000 for Supreme Court jury trials, including expert witnesses, private investigators, and psychological reports. Summary matters in Magistrates Court cost $8,000-$15,000. These costs pale in comparison to the lifetime consequences of conviction including imprisonment, sex offender registration, and complete destruction of career and family relationships.

Timeframes: Most sexual offence matters take 12-18 months from charge to final resolution. Bail applications must be made immediately - delays reduce success chances significantly. Early plea negotiations can resolve matters in 6-8 months with better outcomes than post-committal discussions.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates Australia's largest criminal defence practice with over 800 lawyers across every state and territory, including specialist sexual offence practitioners in Tasmania who regularly appear in the Supreme Court. Our lawyers have successfully defended thousands of sexual offence charges, achieving charge withdrawals, not guilty verdicts, and reduced sentences through strategic advocacy and thorough preparation.

Our Tasmanian team includes former prosecutors who understand police investigation techniques, jury psychology in sexual offence trials, and effective cross-examination strategies for child complainants within legal boundaries. We maintain relationships with expert witnesses including psychologists, forensic specialists, and character references who strengthen defence cases.

What We Offer:

• Fixed-price consultation for $295 - no hidden costs or surprise bills during your most vulnerable time
• 24/7 emergency hotline on 1300 636 846 for immediate arrest situations
• Same-day bail applications in Hobart, Launceston, and Burnie courts
• Comprehensive case review identifying prosecution weaknesses and defence opportunities
• Expert witness coordination including psychologists, character witnesses, and technical specialists
• Strategic plea negotiations with experienced prosecutors
• Aggressive trial advocacy using proven defence strategies

Our clients consistently rate us 4.5 out of 5 stars across 780+ reviews because we combine legal expertise with genuine understanding of the trauma and uncertainty these charges create for defendants and their families. We explain complex legal processes in plain English and provide realistic assessments of likely outcomes without false hope or unrealistic promises.

Time is critical in sexual offence cases - evidence collection, witness memories, and legal options all deteriorate with delay. Our 24/7 hotline ensures you receive immediate advice when arrested, during police interviews, or when served with court documents. Book your consultation online at gotocourt.com.au/book or call 1300 636 846 now - your future depends on the decisions you make in the next few hours.