(08) 9278 2575Unlawful indecent assault is an unwanted touching or threat to touch someone else’s body in a sexual manner without that person’s consent.
For an assault to be indecent the act that constitutes the assault must be sexually motivated.
Sex Offences
Being charged with a sex offence can have a devastating impact on your life, your career and your personal relationships.
With over 20 years’ experience practising as a criminal lawyer, Andrew Williams provides his clients with powerful representation and defence for a wide range of sex offence charges under both federal and state criminal law in Western Australia.
If you've been charged with a sexual offence in WA, contact Andrew Williams immediately for legal advice on (08) 9278 2575.
Sex Charge Lawyer
The different types of sexual assault charges commonly handled by Andrew Williams include (but are not limited to):
Jump down to:
- Sexual penetration of a person without consent (rape)
- Unlawful indecent assault
- Indecent dealings with a child under the age of 16 years
- Persistent Sexual Conduct with a child
- Using Electronic Communication to procure a child to engage in sexual activity
- Sexual offences against a child of or over 16 where in a position of authority
- Distribution and possession of child pornography and child exploitation material
Sex Offender Register
Upon conviction of sexual offence charges, not only is imprisonment a likely outcome, but it often results in the convicted person being placed on the sex offender register under the Community Protection (Offender Reporting) Act 2004.
That then leads to the convicted person being subject to a continuing obligation to report to authorities, prohibitions or limitations on their travel, and in some cases, their property being confiscated under the criminal confiscation laws. It then becomes difficult for them to find employment and their life is never really the same again.
Allegations of Committing a Sexual Offence
Sexual offence allegations can be complex. Where the allegations are historical in nature it can make the charges more difficult to defend.
There is no time limit for the police to commence a prosecution for serious sexual offences. The police can bring a charge even when the sexual offences are alleged to have occurred decades ago.
False accusations can be made for different reasons. This often becomes apparent within the courtroom following rigorous and thorough cross-examination of the complainant.
Sexual offence allegations carry a stigma that frequently leads members of a jury to abandon their duty of objectivity and to set aside their emotions. This is an important consideration in the defence forensic strategy and the manner in which prosecution witnesses are cross-examined.
Charged With A Sex Offence? Seek Legal Advice
If you have been charged with or are being investigated for a sexual offence, call the law offices of Andrew Williams immediately (08) 9278 2575 to obtain sensible, straightforward, no-nonsense legal advice.
Andrew Williams understands that sexual offence charges are highly personal in nature and can cause embarrassment. Attain legal advice as early as possible from a criminal lawyer who regularly represents clients facing sex offence charges - it could make all the difference to the outcome of your case.
Andrew will not judge your circumstances. He will sit down with you in a confidential office environment and answer each and every one of your questions and concerns and make you feel that you have the strong backing of a highly experienced criminal lawyer.
Types of Sexual Assault Charges defended by Andrew Williams
The various types of sexual assault charges that are commonly defended by the law offices of Andrew Williams include but are not limited to the following:
Sexual penetration of a person without consent (rape)
- The legal definition of sexual penetration is broad and covers the penetration of any human body part or object into the victim’s vagina or anus.
- The penetrative act is illegal when it is done without a person's consent.
- The maximum penalty for this sexual offence charge is 14 years imprisonment.
Find out more: Sexual penetration without consent
Unlawful indecent assault
- ‘Indecent’ has no clear legal definition but it has been interpreted to mean anything that is unbecoming or offensive to common propriety.
- If the charge is indictable, meaning it is heard in the District Court, the maximum penalty is 5 years imprisonment.
- If the charge is summary, meaning it is heard in the Magistrates Court, the maximum penalty is 2 years imprisonment.
Find out more: Unlawful indecent assault
Indecent dealings with a child under the age of 16 years
- Indecent dealings with a child encompass a wide range of sexual acts against a child.
- The penalties imposed against a person charged with this sexual offence vary depending on the age of the child.
Find out more: Indecent dealings with a child under the age of 16 years
Persistent Sexual Conduct with a Child
- Arises where the accused does a sexual act with a child under the age of 16 years on 3 (or more) occasions.
- The maximum penalty for this crime is imprisonment of 20 years.
Find out more: Persistent Sexual Conduct with a child
Using Electronic Communication to procure a child to engage in sexual activity
- This sex offence covers all conduct that uses electronic communication (for example social media and email) to pursue sexual activity with a child under the age of 16 years.
- The penalties imposed for a person convicted of this offence vary depending on the particular circumstances of the case including the age of the child.
- It is irrelevant that the accused was entrapped by a police officer posing as a child online.
Find out more: Using Electronic Communication to procure a child to engage in sexual activity
Sexual offences against a child of or over 16 wherein a position of authority
- Common examples of a person who is in a position of authority over a child include a teacher, mentor, ward and employer.
- A person charged with this sexual offence will have been accused of sexual acts against a child while the child was in their supervision, care and authority.
- The penalties imposed for a person convicted of this charge depend on a myriad of matters including the age off the child and the nature of the sexual acts committed.
Find out more: Sexual offences against a child of or over 16 wherein a position of authority
Distribution and possession of child pornography and child exploitation material
- Child pornography is called child exploitation material under WA criminal law.
- The maximum penalty imposed against a person who has been convicted under this sexual offence charge is 7 years imprisonment.
Find out more: Distribution and possession of child pornography and child exploitation material
In which court are sexual offence matters determined?
Generally, sexual offence charges are dealt with in the District Court. However, indecent assault charges can be determined in the Magistrates Court. Sexual offences are rarely determined in the Supreme Court.
Andrew Williams understands the law as it relates to sex offences. He has a depth of experience in both Magistrate contested hearings and District Court jury trials. Andrew Williams will not judge your circumstances, but will fight to get you the best outcome, whether that be a judgment of acquittal or no term of imprisonment is served.
Frequently Asked Questions
Sexual coercion is where a person is manipulated, tricked, pressured or compelled by another to engage in sexual behaviour.
Sexual abuse involves sexual behaviour or sexual acts toward another person without that person’s consent at law.
Sexual abuse often refers to sexual behaviour or acts by an adult toward a child because the law recognises that children are not capable of giving informed consent to any sexual act or behaviour.
Some do sexual offences charges do and some don’t. A person charged with a sexual offence can either plead guilty or not guilty to the charge.
A plea of not guilty will always result in a trial hearing which can be heard in either the Magistrates or the District Court depending on the nature of the alleged sexual offending.
Where a person enters a plea of guilty, the matter will proceed straight to a sentencing hearing.
The prosecution must prove that the accused person committed the alleged offence. The prosecution must also prove its case to the required standard of beyond a reasonable doubt. This is the highest standard of proof known to our law.
It is not enough for the prosecution to simply “tips the scales” and prove that the accused “probably” committed the offence. Every elements of the charge must be proved by the prosecution beyond a reasonable doubt. The accused is not required to prove anything.
The elements of the sexual offence charge that the prosecution will be required to prove beyond a reasonable doubt will depend on the particular charge that is before the court.
Generally sexual offence charges do not trigger mandatory sentencing. Judges have a broad discretion when imposing sentences. The judge’s sentencing discretion is guided by the maximum penalty for the offence and whether the protection of the community requires the imposition of a custodial sentence.
However, where an adult commits a serious sexual offence in the course of conduct that constitutes an aggravated home burglary, the mandatory sentencing laws may apply and the court sentencing the offender may be required to impose a term of imprisonment of at least 75% of the maximum penalty for the sexual offence.
For example, the offence of aggravated sexual penetration without consent carries a maximum penalty of 20 years imprisonment. If this is committed during an aggravated home burglary, the court would have to impose a sentence of at least 15 years imprisonment.
Sex offences include but are not limited to:
- sexual penetration without consent,
- indecent assault,
- indecent dealings with a minor,
- incest,
- lewd acts in public,
- prostitution,
- persistent sexual conduct with a child
- using electronic communication to procure a child to engage in sexual activity
- sexual offences against a child of or over 16 where in a position of authority
- loitering and solicitation,
- possession or distribution and of child exploitation material.
Sexual offences are serious matters and carry tough penalties in Western Australia. It’s therfore advised that you contact a criminal defence lawyer for advice and court representation, to ensure your rights are protected and that your future safeguarded.
The issue of consent arises in many sexual assault cases. “Consent” means consent freely and voluntarily given. Consent is not freely and voluntarily given if it is obtained by force, threat, intimidation, deceit or any fraudulent means.
A failure of a person to offer physical resistance does not of itself constitute consent. A person cannot have been taken to consent where that person is asleep or unconscious or where that person is so affected by alcohol or another drug as to be incapable of consenting. Nor can a person be taken to have consented in a situation where the person is mistaken about the identity of the other person involved.
Upon conviction of a sex charge not only is imprisonment likely as well as the conviction being recorded against the offender’ name, but in many cases, the offender is placed on the sex offender register. This situation will result in a continuing obligation upon the offender to report to authorities, be subject to prohibitions on travel, and in some cases property confiscation. These matters in themselves can lead to difficulty with maintaining your career or finding future employment.
We Can Help
Sex-related charges are serious matters and carry tough penalties upon conviction in Western Australia.
Andrew Williams will work tirelessly from the first meeting to ensure that you are defended properly; that your voice is heard, that your position is communicated and that you are given a fair go.
Andrew has benefited from over 20 years of experience acting for people facing sexual offence charges and over the course of that time has managed to achieve exceptional results for his clients.
Contact our office to speak about your matter as soon as possible on (08) 9278 2575.
