Responding to a sexual offence allegation
Sexual offence charges are among the most serious in New Zealand law, and what happens in the early stages can shape the entire case. This page explains the process and how a defence is built.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Sexual offences are among the most serious charges in New Zealand law and are prosecuted rigorously. They include sexual violation (rape and unlawful sexual connection, s128 Crimes Act 1961) and indecent assault (s135). Consent - and your reasonable belief in consent - is often central.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Sexual violation (s128 / s128B) | Up to 20 years imprisonment |
| Indecent assault (s135) | Up to 7 years imprisonment |
These are extremely serious charges with severe potential penalties. Every case turns on its own facts. The information here is general - specialist, confidential advice is essential. Penalties are indicative - check current legislation.
Possible defences
- Consent, or a reasonable belief in consent, was present.
- The events did not occur as alleged, or the account is unreliable.
- Identity - you were not the person involved.
- Unlawfully or improperly obtained evidence should be excluded.
The court process
Serious sexual charges are dealt with in the District Court or High Court and usually involve a jury. Interim name suppression may be available, particularly in the early stages. Careful preparation - analysing disclosure, the complainant's account and any forensic evidence - is critical from the outset.
Reducing the consequences
- Applying for name suppression where the grounds are met (see our guide).
- Thorough analysis of the disclosure and any inconsistencies.
- Independent expert or forensic evidence where relevant.
- Robust, respectful advocacy focused on the evidence.
Frequently asked questions
Police have contacted me about an allegation - what should I do?
Do not give a statement or take part in an interview before getting legal advice. Politely say you wish to speak to a lawyer first. What is said early can shape the entire case.
Can my name be kept out of the media?
Possibly. Interim name suppression may be available, especially early on. Permanent suppression is harder to obtain. See our name suppression guide and get advice quickly.
What if it's my word against theirs?
Many of these cases turn on competing accounts. That makes careful analysis of the evidence, any inconsistencies, and the surrounding circumstances all the more important.
How serious are these charges?
Very. Sexual violation carries a maximum of 20 years' imprisonment. These cases require specialist, committed defence from the earliest possible stage.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.