Perth Child Sex Offences

Child sex offences are serious and may potentially result in severe sentences. If you have been charged with a child sex offence, it is important that you obtain professional legal advice as soon as possible. At Assurance Legal, we have the expertise to effectively deal with your case to help you obtain the best possible outcome.

Sexual Penetration of a child (Criminal Code ss 320, 321)

• The sexual penetration of a child is a very serious offence and can lead to severe sentences of up to 20 years’ imprisonment.
• With regards to sexual offences against children under 16 years of age, lack of consent is not an element of the offence, as the Criminal Code states that children younger than 16 years of age are unable to provide consent.
• The seriousness of the charge will depend on a number of factors, including the child’s age, the level and extent of the conduct involved, the offender’s relation to the child, and whether the offender was in a position of power or authority over the child.
• Related offences:
  • Procuring, inciting, or encouraging a child to engage in sexual behaviour
  • Sexual offences against a child, while in a position of authority
  • Persistent sexual conduct with a child
• It is important to get clear advice regarding your options as soon as possible. Make an appointment with Assurance Legal today.

Indecent dealing with a child (Criminal Code ss 320, 321)

• Indecently dealing with a child is when a person does an indecent act to a child, or procures the child to do an indecent act.
• The definition of ‘indecency’ is broad, and refers to what the community standards of decency would be. However, many charges brought under these sections of the Criminal Code involve dealing with a child in a sexual manner, such as sexual touching
• Sentences for indecently dealing with a child are severe, with a maximum sentence of up to 10 years.
• Related offences:
  • Procuring, inciting, or encouraging a child to do an indecent act
  • Indecently recording a child

Possession of Child Exploitation Material (CEM)

• CEM is materials in which children are exploited, degraded, humiliated, tortured, or demeaned. These materials do not have to be in a sexual context to constitute an offence.
• Often these materials are pornographic pictures or videos of children, but can include literature, data, and other media which are exploitative to children.
• The seriousness of a CEM offence will depend on a number of factors:
  • The volume of CEM possessed by the offender
  • The seriousness of the CEM possessed by the offender, as classified according to the content of the CEM
  • Whether the CEM was produced by the offender
  • Whether the CEM was distributed
• Commonwealth offences will also apply to an offender who –
  • Import CEM from overseas
  • use the internet or other carriage service to possess, distribute, obtain or otherwise deal in CEM
  • engage or seek to engage in sexual activity with children overseas.
• Maximum penalty:
  • Possession of CEM: 7 years’ imprisonment
  • Distribution of CEM: 10 years’ imprisonment
  • Possession of CEM with the intention to distribute: 10 years’ imprisonment
  • Production of CEM: 10 years’ imprisonment
  • Involving a child in CEM production: 10 years’ imprisonment
• A CEM charge can carry with it a serious penalty. For the best outcome in your case, and to obtain professional legal advice, contact Assurance Legal today.

Reportable Offender Obligations

• The NCOS – National Child Offender System (formerly ANCOR – Australian National Child Offender Register) is a national system used by Police to manage child sex offenders upon their release into the community, in order to reduce reoffending and enhance community protection.
• SOMS (the Sex Offender Management Squad) is a unit of the Western Australia Police Force (WA Police Force) who manage individuals who are required to report under the Community Protection (Offender Reporting) Act 2004. Certain information about offenders may also be made publicly available on the Community Protection website.
• If you are convicted of a child sexual offence or certain other offences involving children, you will be declared a Reportable Offender. You will be monitored by SOMS and must comply with strict reporting requirements for a set period of time.
• Depending on the number and type of convictions, reporting obligations can persist for 8 years, 15 years, or life. In the case of child offenders, the period of time that an offender is subject to reporting obligations is halved.
• If you fail to inform SOMS of any changes to your address or personal details, or provide false or misleading details, you can be charged with an offence. Penalties for failing to comply with reporting conditions are severe, punishable by up to 5 years in the District Court, or 2 years imprisonment and $12,000.00 fine in the Magistrates Court.
• If you have been charged with failing to comply with reporting conditions, it is in your best interests to obtain fulsome legal advice as soon as possible. At Assurance Legal, we have experience in assisting clients through this process and achieving positive outcomes regardless of the case at hand.