Indecent Dealing with a Child
Contact a Sexual Offence Lawyer
Chambers Legal have a team of lawyers experienced in defending indecent dealing charges. We can advise you on the legal defences and prospects of success at trial.
If you have been charged with an indecent dealing or other sexual offence, contact us to book an initial consult on (08) 9500 8915 or at [email protected].
What is indecent dealing with a child?
Indecent dealing with a child is a serious offence involving:
Dealing:
An act which would constitute an assault. It can also mean procuring or permitting a child to deal indecently with you. An assault is a strike, touch, movement or application of force to another person.
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.
Child:
Under the age of 16.
Consent is not a defence to this charge as a child under the age of 16 cannot legally consent. An offence of indecent dealing with a child carries a maximum penalty of 10 years imprisonment when the child is under the age of 13 years, and 7 years imprisonment when the child is between 13 and 16 years. Other factors, such as the child being under your care, supervision or authority can increase the maximum penalty. If the offence occurred during an aggravated home burglary, a mandatory minimum term of immediate imprisonment applies.
It is important that you seek legal advice if you are charged with indecent dealing with a child.
What should you do if you are charged with indecent dealing?
If you are accused of indecent dealing, seeking legal representation should be your first action.
There are other steps you can take to protect your position and assist your lawyer. They include:
- Create a detailed record of events (including communication, CCTV footage and potential witnesses)
- Comply with any bail conditions
- Avoid contacting the complainant or witnesses
How can a lawyer help?
Speaking to a sexual offence lawyer is important to ensure that you are best prepared for trial.
Allegations such as these can have serious impacts on people’s lives and relationships. Seeking legal representation puts you in a position to understand the charges against you, build a defence and achieve the best possible outcome at trial.
Chambers Legal provides advice on all parts of an indecent dealing 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
Because the victim is a child in indecent dealing cases, they will likely have participated in a Child Witness Interview with specialist police officers. Chambers Legal can view this interview and obtain a copy of the transcript.
Frequently Asked Questions
If the police contact you about an indecent dealing 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.
If you are convicted of indecent dealing, 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.