The recent arrest and charging of Alan Jones is an important reminder that anyone can be arrested and charged with a criminal offence at any time.

Facing false accusations of sexual assault is a stressful and overwhelming experience. If you’re in New South Wales (NSW), understanding your rights and taking immediate action is crucial to protecting yourself.

Below is a step-by-step guide I have developed over the many years of my practice to help you cope with the criminal justice system and provide critical information and instructions to your solicitor.

1. Engage a Skilled Criminal Defence Lawyer

Hire a solicitor experienced in defending sexual assault cases as soon as possible. It is like a job interview, ask questions:

  • How long have you been practicing criminal law?
  • How may Sexual Assault matters have you defended?
  • How many Sexual Assault matters have you won?
  • Quiz them on the legal process and procedure.
  • Search for them online, such as Google, Facebook, and LinkedIn.

Early legal representation is essential; preferably, if the police contact you, you should immediately consult a lawyer. Do not wait to be taken or invited to the police station.

If you are in custody at the police station, demand to speak to a lawyer.

The Custody Manager, usually an Incremental (one solid bar and two stripes) or Leading Senior Constable (two solid bars and two stripes) or Sergeant (three stripes), Incremental Sergeant (three stripes and a crown), or Senior Sergeant (three stripes, and a crown surrounded by a wreath) is there to protect your legal rights and to be independent.

When you ask for a lawyer tell them to call Richard McDonald on 0411 460 034 or send him a message to [email protected]

2. Exercise Your Right to Remain Silent

  • If you are arrested, avoid speaking or making any statements to police without your lawyer present, or until you have sought legal advice. That means, do not answer any questions about the allegations, engage in any electronically recorded interviews (ERISP) or agree to answer questions on their body worn video (BWV), do not agree to any ‘off the record’ conversations. Nothing is ‘off the record’.
  • Only give them your name and address, and the name of your lawyer, and that you wish to speak to them as soon as possible.
  • Anything you say will be recorded and will be used against you in court, including your demeanour, body language, and tone of voice.
  • Exercising your right to silence cannot be used against you to draw any conclusion that you are guilty.
  • Do not agree or consent to participate in any intimate or non-intimate forensic procedure (buccal swab, hair sample, pictures of your hands, face, genital area etc) if the police come to you and ask you to consent voluntarily. Again you cannot be criticised for exercising your rights not to do or say anything. If in doubt call Richard! 0411460034.

3. Avoid Contact with the Complainant.

  • Do not attempt to contact the complainant under any circumstances.
  • If the complainant contacts you AND you suspect they may have contacted the police, even if you have not been charged, do not engage in any conversation with them, you are likely being recorded and a case is being constructed against you. You will harm any defence you may have if you speak to them.
  • If you have been charged, you may be exposing yourself to further false allegations of intimidation or harassment.
  • If there is an ADVO or APVO in place, you may be committing an offence by speaking to them even if they contacted you. In that instance you should hang up immediately.
  • If by chance you see the complainant in the street, immediately walk in the other direction.
  • If the complainant confronts you in the street, try to get in front of a CCTV camera that can record your interaction or as a last resort start recording the interaction on your phone while walking away.
  • Put a dashcam in your car in case the complainant approaches you in a public place, that way any interaction will be independently corroborated by the dashcam. Quarantine and save the footage on a USB in case you need it.

4. Secure and Preserve Evidence

  • Collect any relevant communications, such as emails, voice messages or text, WhatsApp messages etc and quarantine them on a USB drive.
  • Secure social media interactions that may rebut and disprove the allegations.

5. Keep Detailed Records

  • Make contemporaneous notes as best as you can.
  • Document all interactions, events, and people related to the case, using date, time, and place.
  • If you are recalling conversations, try to use only first-person conversation such as “I said” and “she said” etc – avoid and do not paraphrase conversations or use terms like “They said words to the effect” – These kinds of references are not admissible in a court.
  • Accurate and recent records (preferably time stamped and GPS coordinates) can provide critical evidence during your defence and avoid allegations arising that you have recently invented the evidence or fabricated, concocted, or reconstructed and concocted the evidence.

6. Identify and Notify Witnesses

  • Provide your solicitor with names of witnesses who can corroborate your version.
  • Witnesses who can verify your whereabouts or contradict the accuser’s claims are especially valuable. Include where you can time and GPS coordinates.
  • Avoid discussing the allegations with any potential witness as it could taint and contaminate the independence of their memory. Give them the contact details of your solicitor so they can speak to them independently.

7. Be Honest with Your Lawyer

  • Share all relevant details with your solicitor, even if they seem unfavourable ore irrelevant, no matter how obscure.
  • Full transparency allows your lawyer to prepare the best possible defence.

8. Alibi Evidence (if applicable).

  • If applicable, identify proof of your location during the alleged incident using time stamped and GPS coordinates, receipts of travel, or debits on your bank account.
  • Use time-stamped receipts, obtain relevant CCTV footage of you at the location at the same time of the alleged offence.

9. Stay Off Social Media

  • Do not under any circumstances discuss your case online or post any content regarding your charge. The police will capture this and may use it against you. The only person you should be talking to is your lawyer.
  • Do not criticise the complainant or post anything on-line, it will not help you in a court.

10. Understand Bail Conditions

  • Adhere strictly to any bail conditions set by the court. If you breach those conditions you may be arrested and refused bail and have to remain in custody until the matter is finalised or until your lawyer can prepare and make a release application to the court.

11. Learn About the Legal Process

  • Familiarise yourself with the stages of your case, from investigation to trial such as the EAGP (Early Appropriate Guilty Pleas) process which all sexual assault offences will progress through.

12. Remain Calm and Composed

  • Stay emotionally controlled during court proceedings and police interactions.
  • Do not speak to the police about the allegations including the weather, of if your favourite footy team won on the weekend. They are expert recorders and are well trained to extract information from suspects and engage in techniques that are designed to lower your guard so they can obtain admissions from you at a point where you think it is safe to talk. They are not your friends.
  • Professional behaviour strengthens your credibility so do not react or make faces in the Court or when the police are speaking to you. Do not address the Court directly, that is why you have a lawyer, they are your mouthpiece to put your best foot forward.
  • Remain stoic, so your reactions to any allegations are not quarantined and able to be used against you.

13. Build a Support Network

  • Lean on trusted family and friends for emotional support. However, do not speak to them about the allegations as you may be waiving legal professional privilege.
  • Consider seeking counselling to manage the stress and anxiety as the process will be long.
  • Request any psychologist or Counsellor not to make notes, as those can be subpoenaed and are not necessarily protected communications. Anything recorded in these notes may contain admissions and information only meant for your lawyer.

14. Address Prior Relationships or Interactions

  • Disclose any history with the complainant to your lawyer that may provide context for the allegations. Include any records as outlined above such as photographs, SMS, and WhatsApp threads.

15. Be Cautious with Pretext Phone Calls

  • Anticipate calls from the complainant trying to elicit statements from you. Do not speak to the complainant under any circumstances.

16. Scrutinise Evidence from the Prosecution

  • Work with your lawyer to challenge physical or forensic evidence presented against you. The police must serve on you all the documents they intend to rely upon against you.

17. Explore Digital Evidence

  • Investigate phone records, GPS data, or other digital proof that could support your case and provide an alternative hypothesis consistent with innocence.

18. Evaluate Plea Decisions Carefully

  • Understand the implications of pleading guilty or not guilty. Such as the discount penalty scheme available to accused persons in NSW.
  • Always seek advice and ask questions of your lawyers before deciding to enter a plea.
  • If you enter a plea of guilty to the court, and you change your mind, it may be difficult to traverse that plea.

19. Prepare for Media Scrutiny

  • If your case attracts media attention, maintain privacy and do not make any commentary to the press. If you say anything, you could be harming your defence and it will likely be used against you.
  • Never make any comment during the trial or hearing.
  • Talk to your lawyer about seeking a suppression order by the court to stop media reporting your case.

20. Plan Your Police Interview Strategy

  • In some circumstances it may be appropriate to be interviewed by the police, such as if you have an alibi defence.
  • Always seek legal advice before agreeing to speak to any police officer or investigator.

Take Away

Do not speak to the police, answer any official questions, provide a version, or participate in any electronically recorded interview without first obtaining legal advice from Richard at McDonald Law.

Going to court over an alleged sexual assault?

In that case, you need a criminal lawyer with over two decades of experience.

Do not speak to the police without getting legal advice first.

Call us at McDonald Law and speak to Richard McDonald at (02) 8824 4736 or email us for an appointment at [email protected]. We will be able to assist you, provide you with honest feedback, and give you practical options to plan, prepare and resolve your case.