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Assault, Sexual Assault, Homicide

2. How a Lawyer Can Help

Authors: Joanne Wilson
Firm / Chambers:
Last updated: 18 Jun 2015

A2. How a Lawyer Can Help lawyer can assist you to understand your rights if you have been:

  • charged with criminal homicide, assault or sexual assault; or
  • you think you may be charged in the future.

A lawyer can also give you information about the powers police have to:

  • arrest you;
  • search your premises; and
  • seize your belongings.
  • A lawyer will advise you what information you are obliged to provide to the police and whether you can choose to remain silent. Anything you say to a lawyer is privileged which means the lawyer cannot disclose what you have discussed without your consent. This includes what you tell the lawyer and the advice that the lawyer has given to you.

If you have been the victim of assault or sexual assault a lawyer can assist you to make an application for Crimes Compensation from the relevant state-based authority. Family members of homicide victims can also apply for compensation. Depending on the law in your state or territory the term ‘victim’ can mean not just the person who suffered the assault or injury but also members of the victim’s immediate family as well as de facto partners and step-children. Not all jurisdictions require an offender to have been convicted (found guilty by a jury or pleaded guilty) before a victim can access crimes compensation. A lawyer will be able to advise you of the relevant rules and give advice about claiming compensation.

If the offender has any assets a lawyer can assist you to make an application to restrain those assets until the court has dealt with the matter. Once an offender has been convicted a lawyer can apply to the court on your behalf for compensation for pain and suffering and other economic loss. The rules relating to these types of court orders are different in each state or territory and therefore a lawyer in your area will be best equipped to advise you of compensation you may be able to claim.

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