Perth Sexual Offences

Sexual offences are serious and can lead to severe punishments. Your name may be put on the Sex Offenders Registry. A charge of this nature can have long-lasting ramifications for your life, so get professional legal advice today by calling Assurance Legal.

Sexual Penetration without Consent (Criminal Code s 325)

• This charge concerns the sexual penetration of a person by another person without their express consent.
• Sexual penetration includes the penetration by object or any other part of the body of another person’s vagina, anus, or urethra. This also includes cunnilingus and fellatio (oral sex).
• Consent is often the central contention in cases of sexual penetration without consent. For consent to be valid, it must be given freely, without coercion or by threats or intimidation. Consent may be withdrawn at any time during a sexual exchange.
  • Note: consent cannot be given by a child under the age of 16 years
• This is a serious crime that may result in harsh penalties. The Criminal Code imposes minimum sentences for offenders in certain situations, so it is best to seek professional legal help immediately.
• Cases tend to be lengthy, complex, and emotional. Legal representation is essential to ensure the best outcome for your case.
• Related offences include Sexual Coercion, Sexual Offences by Relatives, Sexual Offences against an Incapable Person, Sexual Servitude.
• Maximum penalty:
  • 14 years’ imprisonment
  • In aggravating circumstances (Criminal Code s 326): 20 years’ imprisonment

Indecent Assault (Criminal Code s 323)

• Indecent assault is a serious form of assault, whereby force is applied to another person in a sexual manner, without that person’s consent. The assault does not need to be sexually motivated.
• Maximum penalty:
  • Summary: 2 years’ imprisonment and a fine of $24,000
  • Summary conviction in aggravating circumstances: 3 years’ imprisonment and a fine of $36,000
  • Indecent Assault on Indictment (Criminal Code s 324): 5 years’ imprisonment
  • Aggravated Indecent Assault on Indictment (Criminal Code s 324): 7 years’ imprisonment
• Potential defences:
  • Consent was given by the person
  • Accident
  • Duress
• This is a serious crime and may result in serious punishment. As such, it is in your interests to obtain legal advice and representation as soon as possible after you are charged with Indecent Assault. At Assurance Legal we have experience in achieving the best outcomes for clients who have been charged with Indecent Assault. Contact our office today to discuss your options.

Obscene or Indecent Act in Public (Criminal Code ss 202, 203)

• A person who does an obscene or indecent act in the sight of any person who is in a public place, or inside of a police station or lock-up is guilty of a crime.
• There is significant overlap between these two offences, however it is important to note that the more serious of the two in terms of punishment is doing an Obscene Act in Public.
• Obscene act: an act which is corrupting, degrading and generally obscene. May be of a sexual nature, such as public masturbation, threatening sexual touching, exposing of genitalia, or pretending to perform a sexual act on a person.
• Indecent act: an act which offends common decency. Also involves the recording of such acts. Indecent acts may include public masturbation, recording in a toilet/bathroom, swearing in public, or engaging in generally offensive actions.
• Maximum penalty:
  • Indecent act (summary conviction): 9 months imprisonment and a $9,000 fine
  • Indecent act (convicted on indictment): 2 years imprisonment
  • Obscene act (summary conviction): 12 months imprisonment and a $12,000 fine
  • Obscene act (convicted on indictment): 3 years imprisonment.

Unlawfully using an optical surveillance device to record a private activity or conversation

• This legislation regulates the use of listening devices and optical surveillance devices. If an activity or conversation is taking place in private, it may be an offence to use a device to either listen or record that activity or conversation. This can also be the case even where you are involved in the private conversation or activity. Similarly, this legislation provides for offences relating to the unlawful use of tracking devices to monitor a person’s movements.
• These are particularly serious charges which can result in up to 12 months’ imprisonment for individuals or a $50,000.00 fine for corporations.
• Depending on the circumstances of the alleged surveillance, you may have a defence to this charge if the surveillance was unintentional, or if the monitoring or recording was done with consent. Whether the activity or conversation is “private” will depend on the circumstances of the case. As such, it is important to consult with a lawyer as soon as possible. At Assurance Legal, we can help you understand your options and achieve a good outcome.

I have been falsely accused of sexual assault and asked to attend a police interview. What should I do?

When police ask you to attend an interview their intention is to obtain a statement following which charges are often laid. Here you should exercise your right to silence until you receive proper legal advice and under no circumstances should you attend the police station without your lawyer. Often the police will charge you, however they do not have the benefit of any admissions you would have made if you had been cautioned. This is extremely important as it allows your case to be presented in the best possible light as all they have is information obtained from the other side.