Indecent Assault
Indecent Assault
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?
Under the Criminal Code Act Compilation Act 1913, indecent assault is a serious offence involving unlawful physical contact of a sexual nature without the consent of the other person.
The penalties for indecent assault in Western Australia reflect the gravity of the offence. Whilst the maximum penalty is 7 years imprisonment, aggravating circumstances (such as the victim being under the age of 16) may lead to a significantly harsher sentence.
Typically, an indecent assault is:
Indecent:
These are actions that contradict community standards of decency, such as unwanted touching of private areas or acts intended to humiliate or degrade the victim.
Nonconsensual:
Consent must be freely and voluntarily given and cannot be obtained through force, threats, intimidation or deception. A person also cannot consent if they are asleep, unconscious, intoxicated or otherwise incapacitated.
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
In 2020, a Chambers Legal represented a client charged with indecent assault. Over a 3-day trial, we argued that there was reasonable doubt that our client was guilty. This defence was successful, our client was found not guilty and all of their legal fees were repaid.
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
Click here to read more about what you should do if you are accused of a sexual offence.
Contact a Sexual Offence Lawyer
Chambers Legal has team of sexual offence lawyers with proven experience defending indecent assault charges. We can advise you on legal defences and prospects of success at trial.
Our team prides itself on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been charged with indecent assault or any other sexual offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.
FAQs
Do I have to speak with the police?
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 convicted, will I be placed on the Sex Offender Register?
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.
I have been accused of rape without evidence. What can I do?
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.