Indecent Assault
Dedicated, Perth-Based Indecent Assault Lawyers
At Chambers Legal, we understand that a sexual offence allegation can have serious impacts on the accused’s life and relationships.
We have created this page to help you navigate indecent assault accusations – putting you in the best position to understand your charges and rights and seek effective legal representation.
If you would prefer to speak directly with a sexual offence lawyer, please do not hesitate to contact Chambers Legal on (08) 9500 8915 or at [email protected].
What is indecent assault?
Indecent assault is an offence involving:
Assault:
A strike, touch, movement or application of force.
Indecent:
Offensive to common propriety and with a sexual element or undertone, such as the area that was touched and/or the circumstances surrounding the touch.
Unlawful:
Not excused or justified or excused by the law, such as consent or self-defence.
The maximum penalty for an offence of indecent assault is 5 years imprisonment in the District Court, and 2 years imprisonment and a $24,000 fine in the Magistrates Court.
How can a lawyer help?
When facing a charge as serious as indecent assault, you should always speak with a specialised lawyer. Your lawyer will help you understand the charges, build a defence and achieve the best possible outcome at trial.
Chambers Legal provides advice on all parts of an indecent assault allegation. This includes:
- The charge itself
- The defences open to you
- Court procedures for pleas of guilty or not guilty
- If found guilty, what sentence you may receive
What should you do if you are charged with indecent assault?
If you are charged with indecent assault (or any other sexual offence), you should contact a lawyer as soon as possible. Securing legal representation is the best way to protect your rights and reach a desirable outcome.
There are, however, other steps you can take to protect your position and assist your lawyer. They include:
- Creating a detailed record of events (including communication, CCTV footage and potential witnesses)
- Complying with any bail conditions
- Avoiding contacting the complainant or witnesses
Frequently Asked Questions
If the police contact you about a indecent assault allegation, you are only required to provide your name, date of birth and address.
You may be asked to participate in an interview either voluntarily or following a potential arrest. It is important to consult a lawyer before speaking to the police.
Chambers Legal advises against answering questions beyond basic identification, as police may not act in your best interest or reveal all evidence against you.
Exercising your right to silence cannot be used as evidence of guilt. You can politely decline interviews and respond with “no comment” to any questions.
You can read more about your rights when talking to the police here.
If you are convicted of as sex offence involving a child, you will be classified as a ‘reportable offender’ and be required to regularly report to the Sex Offender Management Squad.
Convicted persons have to provide information such as their address, contact details, employment and travel plans when reporting. Failing to meet reporting requirements may lead to further charges.
Some details about reportable offenders may be shared with the public, including:
- Photos and details of missing offenders
- Local searches for dangerous offenders in specific suburbs
- Inquiries by parents about individuals in contact with their child
Chambers Legal can assist convicted persons in understanding and fulfilling their reporting obligations.
If you have been charged with any sexual offence, you may feel as though it was a consensual act and there is no evidence of the claim.
In this situation, you are able to plead not guilty to the charge and have a trial. Your lawyer will then prepare a line of defence based off the facts of your case and the prospects of success.
Because of this, it is always best to speak with a sexual offence lawyer at Chambers Legal. Our knowledge of Western Australian criminal law help you understand what avenues you can and cannot pursue.