Indecent Dealing with a Child
What is indecent dealing with a child?
Indecent dealing with a child is a serious sexual offence under the Western Australian Criminal Code Compilation Act 1913. It occurs when an adult:
- Engages in indecent conduct with or towards a child
- Procures a child to engage in such conduct, or
- Exposes a child to indecent material
To be considered indecent dealing, the act must satisfy three main criteria:
- Indecent conduct: The act is sexual in nature and contradicts community understandings of decency.
- The victim is a child: A child is considered under the age of 16 years. There are more severe penalties for offences where the victim is under 13 years.
- Intent: The offender must have deliberately engaged in the conduct.
Penalties for indecent dealing vary based on the child’s age and other circumstances. For children aged 13-16 years, the maximum penalty is 10 years imprisonment. When the child is under the age of 13 years, the maximum penalty is 20 years imprisonment.
Given the lifelong consequences and personal toll of a conviction, it is important to seek legal representation as soon as possible to help navigate these complex and sensitive charges.
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
Click here to read more about what you should do if you are accused of a sexual offence.
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.
Contact a Sexual Offence Lawyer
Chambers Legal has team of sexual offence lawyers with proven experience defending indecent dealing 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 dealing 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 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. 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 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.