A Serious Allegation Requires Serious Representation
Allegations involving sexual offences against children are among the most serious anyone can face. In Western Australia, the law treats these matters with the utmost gravity.
While the age of consent is 16, the law defines a child as anyone under 18. This means that even if a young person appears to consent, it can still be an offence to engage in sexual activity with them if they are under your care, supervision, or authority (see Children Aged 16–17 in Your Care or Authority below).
A conviction for a child sexual offence almost always results in imprisonment, and in some circumstances such as where the offence occurs during a home burglary, mandatory minimum sentences apply, even for first-time offenders.
At Perrella Legal, we know how devastating and complex these situations are. We provide discreet, experienced, and strategic representation to protect your rights, reputation, and future.
Understanding Child Sexual Offence Charges
Child sexual offences fall into several categories under both State and Commonwealth law, including:
- Offences against children under 13;
- Offences against children aged 13 to under 16;
- Persistent sexual conduct with a child under 16;
- Offences involving children aged 16–17 who are under your care or authority; and
- Child sex tourism offences committed overseas by Australian citizens or residents.
A conviction can also result in registration on the Australian National Child Offender Register (ANCOR), leading to ongoing reporting obligations and, in some cases, lifelong supervision even after serving a sentence.
Offences Against Children Under 13
Possible charges include:
- Sexual penetration of a child (maximum penalty is 20 years’ imprisonment);
- Procuring or encouraging sexual behaviour (maximum penalty is 20 years’ imprisonment);
- Indecent dealing, act, or recording (maximum penalty is 10 years’ imprisonment).
To prove the charge, the prosecution must show that the child was under 13, the conduct occurred, and that the accused committed the act. There is no mistake-of-age defence in this category. If the offence happens during an aggravated home burglary, mandatory imprisonment applies.
Offences Against Children Aged 13 to Under 16
Possible charges include::
- Sexual penetration;
- Procuring or inciting sexual behaviour;
- Indecent dealing, act, or recording.
Maximum penalties:
- Up to 14 years’ imprisonment, or 20 years if the child was under the accused’s authority;
- Lesser penalties apply if the accused is under 18 and not in authority.
A limited “close-in-age” defence may apply where the accused reasonably believed the child was 16 or older and was no more than three years older than the child (but not if the child was under their care or supervision).
Persistent Sexual Conduct With a Child Under 16
This offence involves sexual acts on three or more different days and carries a maximum penalty of 20 years’ imprisonment.
Jurors do not need to agree on the exact acts or dates, but they must agree that persistent sexual conduct occurred within the alleged timeframe.
A limited close-in-age defence may apply in some cases.
Children Aged 16–17 in Your Care or Authority
These laws apply to sexual activity with older children who are under your care, supervision, or authority (for example, teachers, coaches, or employers).
Penalties include:
- up to 10 years’ imprisonment for sexual penetration or procuring or inciting sexual behaviour
- up to 5 years’ imprisonment for indecent dealing, or indecent recording.
Important points:
- Consent is not a defence;
- Belief about age is not a defence;
- Lawful marriage is a complete defence.
Child Sex Tourism (Commonwealth Offences)
Australian citizens and residents can be prosecuted in Australia for sexual offences committed against children overseas. Possible charges include:
- Sexual intercourse or activity with a child outside Australia;
- Persistent sexual abuse;
- Grooming, procuring, or benefiting from such offences.
Defences may include:
- Genuine (though not necessarily reasonable) belief the child was above the legal age; or
- A valid, lawful marriage to the person at the time.
To be charged, the accused must have been an Australian citizen or resident when the offence occurred.
Why You Need Experienced Legal Representation
Child sexual offence allegations are some of the most complex and sensitive cases before the courts. They often involve forensic, digital, and psychological evidence, and cases frequently turn on credibility assessments and procedural fairness.
At Perrella Legal, we:
- Provide confidential and non-judgmental advice at every stage, from police interviews to trial;
- Carefully examine the evidence for inconsistencies, procedural errors, or unreliable testimony;
- Identify and argue every available defence; and
- Advocate for the fairest possible outcome, including withdrawal or reduction of charges where appropriate.
If you are under investigation or have been charged, do not delay in seeking legal advice. Early intervention can make a critical difference.
Contact Perrella Legal today for a confidential consultation.
