Sexual Penetration without Consent
Sexual Penetration without Consent
Chambers Legal understands that sexual penetration without consent is a serious allegation that can have profound impacts on the accused’s life and relationships.
On this page, you will find information that can assist you in navigating these charges, accessing legal representation and achieving the best possible outcome.
Alternatively, you can speak directly with a sexual offence lawyer by contacting Chambers Legal on (08) 9500 8915 or at [email protected].
What is sexual penetration without consent?
Commonly known as “rape”, sexual penetration without consent is a serious sexual offence under the Western Australian Criminal Code Compilation Act 1913.
There are two main elements to this charge. The first, sexual penetration, is defined as acts involving penetration of the body by any part of another’s body or an object.
The second element is consent. Consent is a free, voluntary and informed agreement to engage in a specific act. It is not valid if obtained through force, threats, intimidation or deception or if the person is:
- Asleep or unconscious.
- Under the influence of drugs or alcohol to the point of incapacity.
- Unable to understand the act due to cognitive impairment.
Consent can be withdrawn at any time and silence or a lack of resistance does not classify as consent. This interpretation is known as “affirmative consent”, which you can read more about here.
Because of its seriousness, this offence carries severe penalties. The maximum penalty for sexual penetration without consent is 20 years imprisonment and harsher sentences may be applied if there are aggravating circumstances.
How can a lawyer help?
Speaking to a sexual offence lawyer is important to ensure that you are best prepared for trial. 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 a rape 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, we represented a client who had been charged with two counts of sexual penetration without consent. Chambers Legal argued that there was an honest and reasonable mistake of fact about consent and our client was ultimately acquitted of both charges.
What else should you do?
If you are accused of rape, 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:
- 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 rape 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 sexual penetration without consent 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 rape 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.
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.