Charged With Sexual Assault in Tasmania - What Happens Now?

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

Sexual assault charges in Tasmania carry maximum penalties up to 21 years imprisonment and create immediate risks to your liberty, reputation, and future. Police typically refuse bail for serious sexual offences, meaning you could remain in custody until trial. You need specialist criminal defence representation immediately - contact Go To Court Lawyers on 1300 636 846 or book online at gotocourt.com.au/book for urgent legal help.

Do You Need a Lawyer?

Yes, absolutely. Sexual assault charges in Tasmania are among the most serious criminal matters, with potential life-changing consequences including lengthy imprisonment, sex offender registration, and permanent criminal records. Without specialist legal representation from the moment of arrest, you risk:

• Making statements to police that destroy potential defences
• Remaining in custody due to poorly prepared bail applications
• Facing unnecessarily harsh penalties through inadequate plea negotiations
• Losing at trial due to insufficient preparation or weak defence strategies

A specialist sexual assault lawyer can challenge evidence, prepare comprehensive bail applications, negotiate with prosecutors, and build strong defences that self-represented accused cannot achieve. The stakes are too high to face these charges alone - call 1300 636 846 now for immediate legal assistance.

What Happens Next - The Process

1. Arrest and Police Interview: Police arrest you and request an interview. Exercise your right to silence and request a lawyer immediately. Anything you say can be used against you at trial.
2. Charge and Bail Decision: Police formally charge you under the Criminal Code Act 1924 (Tas). They decide whether to grant police bail or refuse bail and remand you in custody.
3. Magistrates Court Appearance: You appear at Hobart, Launceston, Burnie, or Devonport Magistrates Court within 48-72 hours if in custody, or by summons if on bail.
4. Bail Application: If refused police bail, your lawyer prepares a bail application for the Magistrates Court, addressing community safety concerns and flight risks.
5. Brief of Evidence: Prosecution serves the brief containing witness statements, forensic evidence, and complainant interviews - typically within 6-12 weeks.
6. Committal Hearing: Magistrates Court determines whether sufficient evidence exists to commit you for trial in the Supreme Court of Tasmania.
7. Supreme Court Trial: Judge-alone or jury trial in Hobart or Launceston, typically 12-18 months after initial charges.
8. Sentencing: If convicted, the court imposes penalties ranging from community service to lengthy imprisonment terms.

This process can take 18-24 months from charge to resolution. Each stage requires strategic legal decisions that affect the final outcome - secure expert representation by calling 1300 636 846 today.

The Law in Tasmania

Tasmania's sexual assault laws are contained in the Criminal Code Act 1924 (Tas), with specific offences carrying different maximum penalties:

• Rape (Section 185): Maximum 21 years imprisonment. Involves sexual intercourse without consent, including circumstances where consent cannot be given due to age, mental impairment, or intoxication.
• Aggravated Sexual Assault (Section 185A): Maximum 25 years imprisonment. Applies when rape involves aggravating circumstances like violence, weapons, or multiple offenders.
• Sexual Assault (Section 185B): Maximum 14 years imprisonment. Covers unwanted sexual touching or other sexual acts without consent that don't constitute rape.
• Sexual Intercourse with Young Person (Sections 124-127A): Maximum penalties range from 14-21 years depending on the age of the complainant and relationship to the accused.
• Maintaining a Sexual Relationship with Young Person (Section 125A): Maximum 21 years imprisonment for maintaining an unlawful sexual relationship with a person under 17 years.

The Evidence Act 2001 (Tas) provides special protections for complainants, including restrictions on cross-examination about sexual history and the use of closed-circuit television for vulnerable witnesses. These laws create additional challenges for defence lawyers that require specialist knowledge and experience.

Understanding these complex legal frameworks is essential for mounting an effective defence - contact Go To Court Lawyers on 1300 636 846 for expert guidance on your specific charges.

Mistakes to Avoid

1. Participating in Police Interviews Without Legal Advice: Police often present interviews as opportunities to "tell your side of the story," but anything you say can be twisted and used against you at trial. We've seen countless cases where admissions made during police interviews destroyed otherwise strong defences. Exercise your right to silence and demand legal representation before answering any questions.

2. Contacting the Complainant or Witnesses: Any contact with the complainant, their family, friends, or other witnesses can result in additional charges like stalking, intimidation, or breaching bail conditions. Social media contact, phone calls, or approaching them in public can destroy your case and land you back in custody. Let your lawyer handle all communications through proper legal channels.

3. Discussing Your Case on Social Media or with Friends: Prosecutors actively monitor social media accounts and often subpoena phone records. Comments that seem innocent can be interpreted as admissions of guilt or attempts to intimidate witnesses. We've seen Facebook posts and text messages become crucial prosecution evidence at trial.

4. Failing to Preserve Evidence or Identify Witnesses Early: Critical evidence like CCTV footage, phone records, or witness memories disappear quickly. Businesses typically delete security footage after 30-90 days, and witnesses' recollections fade over time. Your lawyer needs to act immediately to preserve evidence that supports your defence.

5. Underestimating the Complexity of Sexual Assault Trials: These cases involve complex rules about complainant credibility, consent, and evidence presentation that differ significantly from other criminal matters. Attempting self-representation or using a lawyer without sexual assault expertise typically results in conviction and harsher penalties.

Avoiding these mistakes requires immediate professional guidance - call 1300 636 846 now to protect your interests from day one.

Likely Outcomes and Costs

With Specialist Legal Representation: Experienced sexual assault lawyers can achieve charge withdrawals in cases with weak evidence, negotiate reduced charges that avoid sex offender registration, secure bail when initial applications fail, and win acquittals at trial through proper preparation and defence strategies. We've seen lawyers reduce 21-year maximum penalties to community service or suspended sentences in appropriate cases.

Without Legal Representation: Self-represented accused typically remain in custody longer, face the full force of prosecution evidence without challenge, receive harsher penalties due to inadequate plea preparation, and suffer conviction rates approaching 85-90% compared to 60-70% with proper representation.

Legal Costs: Go To Court Lawyers charges a fixed-fee consultation to assess your case and explain options. Ongoing representation for sexual assault matters typically ranges from $15,000-$50,000 depending on complexity, but this investment often saves decades of imprisonment and lifetime consequences. Legal Aid may be available for defendants meeting financial eligibility criteria.

Timeframes: Summary matters resolve within 3-6 months, while serious indictable offences requiring Supreme Court trial typically take 18-24 months. Bail applications must occur within days of arrest, making immediate legal action crucial.

The cost of proper legal representation is minimal compared to the potential consequences - book your consultation at gotocourt.com.au/book or call 1300 636 846 today.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates the largest criminal law practice in Australia with 800+ specialist lawyers across every state and territory, including experienced sexual assault defence teams in Tasmania. Our lawyers appear regularly in Hobart and Launceston Supreme Courts, maintaining relationships with prosecutors and understanding local judicial preferences that influence case outcomes.

We provide immediate assistance through our 24/7 hotline on 1300 636 846, offering crisis support when you're arrested or questioned by police. Our fixed-fee consultation means you know exactly what legal advice costs upfront, with no hidden fees or surprises.

Our 4.5-star rating from 780+ client reviews reflects our commitment to achieving the best possible outcomes in the most challenging circumstances. We understand that sexual assault allegations turn your life upside down, affecting employment, relationships, and mental health. Our lawyers provide not just legal expertise but practical support throughout the entire process.

From challenging forensic evidence and preparing comprehensive bail applications to negotiating with prosecutors and conducting Supreme Court trials, we handle every aspect of sexual assault defence. Our national presence means we can coordinate interstate matters and access specialist resources unavailable to smaller firms.

Sexual assault charges demand immediate action and specialist expertise. Don't risk your future with inadequate representation. Call 1300 636 846 now for urgent legal assistance, book online at gotocourt.com.au/book, or request immediate callback for crisis situations. Your freedom and future depend on the decisions you make in the next few hours - let Australia's most experienced criminal lawyers protect your interests.