If you have been charged with a 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. If the other person has said that they did not consent, you and a lawyer may be able to use the defence of honest and reasonable belief.

This defence argues that you honestly and reasonably, although mistakenly, believed the other person was consenting to the act.

It is always best to speak with a sexual offence lawyer at Chambers Legal to seek advice and determine whether you can rely on this defence.

If contacted by police regarding an allegation, you are only required to provide your name, date of birth and address. However, you may be asked to participate in an interview voluntarily or be arrested and taken to a police station.

Before speaking to the police, consult a sexual assault lawyer. The police must allow you the opportunity to do so or find you a lawyer, if needed.

Chambers Legal generally advises against answering police questions beyond basic identification. This is because police do not always act in your best interest or disclose all of the evidence they have.

There is no legal risk in doing this, as remaining silent cannot be used as evidence of guilt. You can politely decline an interview, stating your intention to exercise your right to silence, and respond with “no comment” to all questions beyond personal details.

Read more about your rights when speaking to the police.

Upon being charged, the case will initially be heard in the Magistrates Court, where the accused has the options to:

• Seek an adjournment: Postpone proceedings to a later date, allowing time to decide on a plea.
• Plead guilty: Proceed to sentencing, which may occur immediately or be scheduled for a later date.
• Plead not guilty: Schedule a trial for a future date, either in the same court or a higher one, depending on the charge’s severity.

Consulting one of Chambers Legal’s sexual assault lawyers puts you in the best position to enter a plea. Our team can:

• Advise you on your rights and potential defences.
• Negotiate with the prosecution to withdraw or downgrade charges.
• Represent you during bail applications, sentencing, trials, and appeals.

Read more about what happens when going to court in WA.

Those convicted of a child sex offence are deemed “reportable offenders”. This means that their details will be on the register and they will have to report to the Sex Offender Management Squad following their conviction.

Those convicted are required to report on a regular basis to provide details such as:

• Address
• Phone number(s)
• Email addresses
• Employment
• Login details for websites
• Travel plans

Failing to report as required can result in charges for breaching reporting conditions.

Certain information about people on the register can be made available to members of the public. There are three types of information that can be provided:

• The personal details and photographs of offenders who are missing or whose location is unknown
• A local search where people can access photos of dangerous or high-risk offenders in their suburb
• The parent of a child can make an inquiry about a specific person who has regular contact with their child.

In the event you are convicted of such an offence, Chambers Legal’s team of sex offence lawyers can assist in ensuring you comply with reporting conditions.