Case Study: Sex Offence Charges
Five years ago, a Chambers Legal client was charged with a range of sexual offences.
We provided legal advice and representation throughout their trial, which resulted in a discontinuation of all charges.
This article outlines the nature of a sexual offence, and how we were able to achieve the best possible outcome for our client.
If you would like to speak to a sexual offence lawyer, you can book a free 15 minute phone consultation.
What is a sexual offence?
In Western Australia, sexual offences are defined by the Criminal Code Act Compilation Act 1913. They encompass a range of unlawful acts that are sexual in nature, including:
- Sexual Penetration Without Consent (commonly known as “rape”): Engaging in sexual intercourse with another person without their consent.
- Indecent Assault: Committing an indecent act towards another person without consent.
- Sexual Offences Involving Children: Engaging in sexual activities with individuals below the age of consent, which is 16 years.
Consent is the critical factor in sexual offences. Consent must be freely and voluntarily given and is invalidated by any form of coercion, intimidation or incapacity. Without consent, a sexual act will be judged an offence.
Our client came to Chambers Legal having been charged with a range of sexual offences. We recognised that these charges could carry serious penalties and made sure we utilised a thorough understanding of the law throughout their case.
You have been accused of sexual assault, what should you do?
If accused of a sexual offence, it is important to take steps that protect your defence. This can include
- Creating a detailed record of events (including communications, CCTV and a written account)
- Not posting about the incident on social media
- Avoiding contact with the complainant and potential witnesses
Additionally, if you have been released on bail, you must comply with all conditions.
The most effective step you can take is to contact a sexual assault lawyer. A lawyer, such as Chambers Legal, will approach your situation with the necessary caution and legal understanding.
A lawyer can also help you with your interactions with police, ensuring that they are safe and effective.
Click here to read more about what you should (and shouldn’t) do if you have received a sexual offence charge.
How can a Sexual Offence Lawyer help?
If a defendant is found guilty of a sexual offence charge, they can be subject to immediate imprisonment. Seeking legal advice is the best way to understand your options and be prepared for trial.
Chambers Legal recognises that these are incredibly serious charges and as such, approaches every situation with care and caution. We advise clients on all aspects of a sexual offence allegation, including:
- 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
When our client approached us, we understood that their charges had placed significant stress on them. The team at Chambers Legal made sure that they understood their options, assuring them that they were well positioned for an ideal outcome.
Case Study: Discontinued Sex Offence Charges
In 2020, a Chambers Legal client was charged with several serious sexual offences. Our client denied the allegations, saying that the other party had consented to the sexual activity.
Understanding the client’s position, sexual assault lawyers at Chambers Legal sent a submission to the prosecution. This submission set out our defence of consent and pointed out various issues in the prosecution’s case.
Because of this action, the prosecution discontinued all charges and our client was able to leave freely.
Contact a Sexual Offence Lawyer
Chambers Legal has an experienced team of sexual assault lawyers who 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 a 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.