Sexual Offences and Sexual Assault Lawyers

Touching another person, of itself, will not amount to an act of indecency (R v Sutton [1977] 1 WLR 1086) however, if that touching was to provide the accused with sexual gratification it will be indecent.

Sexual assault in WA can result in penalties of up to 20 years of imprisonment and/or being fined up to $36,000. Sex offences are any criminal activity of a sexual nature.

Consent is when the person freely and voluntarily agrees to sexual activity and they have the freedom and capacity to make that choice. Sexual assault is defined as any sexual behaviour which is threatening, violent, forced, coercive or exploitative and in which the victim has not given or was unable to give consent.

Fingerprints, impression evidence (e.g., shoeprints), trace evidence (e.g., hairs/fibers) and biological evidence (e.g., semen). Collect as much sample as possible from a single source.

Timeframes. There are no time limits on reporting sexual abuse. It can be reported years after the offence and the investigation process can also be suspended and re-opened.

Depending on the type of sex offence, it is mandatory to register an offender on the Sex Offender Register once the offender is convicted (ie once the offender enters a plea of guilty or if found guilty after trial). Your details will be made available on a register. However, any person who intends to access the Sex Offender Register will have to make themselves known to the relevant authorities before they can access the Sex Offender Register.

There are no mandatory sentencing provisions for sex offences. However, depending on the severity of the charge, the nature of the offending, and the facts asserted by the prosecution or State, the penalty will vary.

For instance the charge of sexual penetration without consent of a minor will inevitably have a different sentencing outcome as compared to a charge of indecent assault.

You have the right to remain silent. You must give them your name, address and driver’s licence. If requested, you must also provide your DNA sample.

If you wish to speak to the police during a police interview or at any other time, the police may use your admissions as evidence at trial. If your admission is inconsistent or rebuttable, then this may work against you.

To simply put it, it truly depends on the circumstances of your case.

Per Sections 320 and 321 of the Criminal Code,

• Where the child is under 13 years a maximum penalty of 10 years imprisonment.
• Where the child is over 13 years but under 16 years a maximum penalty of 7 years imprisonment.
• Where the child is under 16 years and the child is under the care, supervision or authority of the offender a maximum penalty of 10 years imprisonment.
• Where the child is under 18 years and the child is under the care, supervision or authority of the offender a maximum penalty of 5 years imprisonment.

The offence against a child under a position of authority in Western Australia is addressed in the Criminal Code. According to the Criminal Code Compilation Act, it is a criminal offence to engage in sexual activity with or procure, incite, or encourage sexual activity with a child under the age of 18 who is under the care, supervision, or authority of an adult.

The penalties for such offences are outlined in the Act, with imprisonment being a potential consequence. The law aims to protect children from abuse due to the power imbalance between adults and children, recognizing the vulnerability of children and the lack of true equality in dealings between children and adults

In Western Australia, the level of proof needed for a conviction for a sexual offence is governed by the Criminal Code Compilation Act 1913. For most sexual offences against adults, the absence of consent is an essential element. Consent is defined in Section 319 of the act as free and voluntary agreement.

It is specified that a person is not to be taken to consent simply because they do not offer resistance, and a child under 13 cannot consent to a sexual act. The act also outlines that where a child is under a person’s care, he or she must be 18 to validly consent to sex with that person