Types of Sexual Offences

The Western Australian Criminal Code Compilation Act 1913 outlines a variety of sexual offences, each with different penalties.

Facing such a charge is a serious and distressing situation, often carrying significant legal and personal consequences.

Chambers Legal has an experienced team of sexual offence lawyers who understand the complexities of these cases and the profound impact they can have on people’s lives.

If you would like advice on a sexual offence charge, please do not hesitate to contact Chambers Legal on 08) 9500 8915 or at [email protected].

We can assist in navigating charges such as:

Sexual penetration without consent

Commonly known as ‘rape’, sexual penetration without consent carries a maximum penalty of 14 years imprisonment.

Consent is defined as being freely and voluntarily given. Consent cannot be freely and voluntarily given is it obtained by:

Force
Threat
Intimidation
Deceit or any fraudulent means

Read more about sexual penetration without consent and how sexual offence lawyers at Chambers Legal can assist with these charges.

Indecent assault

Indecent assault involves unlawful physical contact of a sexual nature without consent. An act is deemed indecent if it contradicts community standards of decency, such as unwanted touching or degrading behaviour.

Penalties can vary, with a maximum of 7 years imprisonment. Aggravating factors (such as the victim being under 16) can lead to harsher sentences.

In 2020, Chambers Legal successfully defended a client against indecent assault charges by establishing reasonable doubt. Our client was acquitted and all their legal expenses repaid.

Indecent dealing with a child

Indecent dealing with a child covers act such as:

Indecent conduct with or towards a child
Procuring a child for such conduct
Exposing a child to indecent material

To qualify, the act must be sexual in nature, involve a victim under 16 years of age and be intentional. Penalties range from 10 years imprisonment for victims aged 13-16, to 20 years for victims under 13.

Using electronic communication to expose a child to indecent matter

Using electronic communication to expose a child to indecent matter is the act of sending messages to a child that are sexual in nature or inclusive of pornographic content.

Being found guilty of this offence will ordinarily result in immediate or suspended imprisonment for up to:

5 years – if the child involved is under the age of 16 years.
10 years- if the child involved is under the age of 13 years.

The length of the sentence will depend on many factors, including the length of communication, the age disparity between the accused and the child and the nature of the explicit material.

Sexual coercion

Sexual coercion occurs when someone compels another to engage in sexual activity through threats, force or manipulation, impairing the victim’s ability to freely consent.

This law aims to protect individuals from situations where their autonomy is compromised by manipulation or threats. A victim may be coerced into an act when they feel endangered or pressured or where an abuse of power has occurred.

To secure a conviction, the prosecution must prove the accused:

The accused engaged in intentional coercive conduct
The victim did not consent freely and voluntarily

Sexual coercion can result in a maximum of 14 years imprisonment, with harsher sentences for cases involving aggravating factors.

Contact a Sexual Offence Lawyer

Chambers Legal has an experienced team of sexual offence 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.