The consequences of a Sexual Violation allegation

If you are charged (or worried you are under investigation) for a sexual violation crime, it is vital to understand how serious the risks can be. A conviction can bring imprisonment, as well as long-term impacts: a criminal record, potential name suppression issues, reputational damage, emotional toll, and difficulty securing certain jobs or visas.

Some of the most stressful allegations are those of sexual assault. Such allegations are viewed seriously by the Courts and are often complex cases. Under the New Zealand Crimes Act 1961 (Part VII), “sexual violation” covers what most people think of as rape or non-consensual sexual penetration, carrying a maximum prison sentence of up to 20 years.

It is important for your defence to engage legal counsel early, who are specialised in managing such cases, such as Bloem Law.

What to do if the Police want to talk to you about sexual assault allegations
  • You have the right to remain silent.
  • The Police must advise you of your rights (a “caution”) before asking detailed questions.
  • You have the right to legal advice immediately, including under the Police Detention Legal Assistance (PDLA) scheme, which is free and available to you 24/7.
  • Ask to talk to a lawyer privately to ensure your conversation is protected.
What not to do when facing sexual violation allegations
  • Do not provide a formal statement to the Police before speaking with your lawyer.
  • Avoid trying to “explain yourself” fully in the moment: anything you say may be used in evidence.
  • Do not rely on “just saying sorry” to make things better. In a sexual violation case, your words can be critically scrutinised later.
How a Defence Lawyer from Bloem Law can help
  • Your defence lawyer can assess the strength of the Prosecution’s case (witness statements, forensic or DNA evidence).
  • We can advise on whether to apply for name suppression to protect your identity in the public domain and or from media.
  • We will help draft or negotiate responses, prepare you for interview and guide you on how to behave strategically.
  • In some cases, early legal involvement may lead to diversion (depending on the crime and your background), or help with plea strategy.
Why early action matters

Delaying getting legal advice can be risky. The earlier you involve a criminal defence lawyer, the more options you may have in influencing how evidence is collected, preserving notes, raising legal challenges and building a robust defence.

CASE EXAMPLE: A real estate agent came to us charged with more than one indecent assault.  He was able to avoid multiple convictions and also obtained permanent name suppression.

CASE EXAMPLE: A male was charged with indecently assaulting a female on a public bus.  The allegation was not true.  A jury unanimously gave a verdict of not guilt.

CASE EXAMPLE: A male faced numerous charges of indecent acts against children in a family environment. Jurors found him not guilty on all charges.

This area of law is highly nuanced and not easy to navigate. Mistakes cannot afford to be made because the stakes are so high. If you need an Auckland criminal lawyer for sexual assault charges, contact Bloem Law.