Assault, Sexual Assault, Homicide Overview
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 23 Jun 2015
Overview
The crimes of homicide, assault and sexual assault come under the broad umbrella of ‘offences against the person’. This covers intentional and unintentional acts that injure or kill another person.
The offences of murder and manslaughter are types of criminal homicide. Homicide is the act of killing another person. Murder is the killing of another person either intentionally or recklessly. Manslaughter is the killing of another person without intent to kill. Manslaughter can also result when a person intends to kill or murder another person but their legal responsibility for doing so is reduced because of a partial defence such as provocation.
In a criminal context the legal term ‘assault’ covers a wide range of offences. It reaches from causing a victim to fear that they are about to suffer harm right through to causing very serious injury just short of murder or attempted murder. Any application of force without consent can constitute an assault.
‘Sexual assault’ is a specialised form of criminal assault where the assault occurs in indecent circumstances. This can range from inappropriate touching through to rape. There are different rules depending on the age of the victim and the relationship between the victim and the offender. Sexual assault also covers sexual abuse, indecent assault and incest.
Whatever your legal issue relating to homicide, assault and sexual assault our legal guide will give you practical legal information to inform you and help you consider what your next step should be.
Please select below from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.
How a lawyer can help?
A 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.