Allegations of sexual offences are among the most serious and distressing criminal charges a person can face. They often carry severe legal, personal, and professional consequences — even before a matter reaches court.
At Perrella Legal, we understand the sensitivity and complexity of these allegations. We provide discreet, non-judgmental, and experienced representation to clients accused of sexual offences across Western Australia. Our priority is to protect your rights, reputation, and future.
Allegations of sexual assault can be easy to make but difficult to disprove. Having an experienced and strategic defence lawyer by your side is crucial.
Types of Sexual Offence Charges
Sexual offences cover a wide range of allegations under the Criminal Code (WA). They often involve complex issues of consent, intention, and credibility, and may include:
- Sexual penetration without consent
- Sexual coercion
- Indecent assault and aggravated indecent assault
- Offences involving relatives or de facto children (incest-type offences)
- Offences against incapable persons
- Sexual servitude and related commercial offences
Some sexual offences that occur during a home burglary carry mandatory minimum prison terms equalling 75% of the maximum penalty, even for first-time offenders.
In practical terms, this means that if you engage in sexual behaviour with someone while you are in their home (or another person’s home), and it is alleged that:
- The sexual activity was without that person’s consent, and
- You entered or remained in the home without consent,
you could be facing a mandatory minimum sentence of between 5 and 15 years’ imprisonment if convicted.
A mandatory minimum means the court has no discretion to impose anything other than an immediate prison sentence — and it cannot reduce the term below the minimum, even with the strongest mitigating factors or if you have never been in trouble before.
Sexual Penetration Without Consent
Commonly referred to as “rape” in other jurisdictions, this is one of the most serious sexual offences under WA law. It carries a maximum penalty of 14 years’ imprisonment, or up to 20 years if a circumstance of aggravation applies (for example, where the parties are in a domestic relationship).
To prove this offence, the prosecution must establish:
- Identity of the alleged offender;
- Sexual penetration occurred;
- There was an absence of consent; and
- Any alleged circumstance of aggravation.
Sexual Coercion
This offence occurs when a person is compelled or threatened into sexual behaviour.
Maximum penalties include:
- Up to 14 years’ imprisonment, or
- Up to 20 years if an aggravating circumstance applies.
Offences Involving Relatives or De Facto Children
These offences (sometimes referred to as incest-type offences) apply when a person engages in sexual conduct with someone they know to be a lineal relative or de facto child.
Maximum penalties vary depending on the age of the child and the conduct alleged:
- Sexual penetration: up to 20 years if the child is under 16, or 10 years if aged 16–17.
- Indecent dealing or recording: up to 10 years if under 16, or 5 years if aged 16–17.
Consent is not a defence, and mistake of age is not available.
It is also an offence for a person to engage in sexual activity with a relative aged 18 or older if the person knew of the lineal relationship.
Offences Against an Incapable Person
These offences involve allegations against a person who is unable to give consent due to incapacity. The prosecution must prove that:
- Identity of the alleged offender;
- The complainant was an incapable person;
- The accused knew or ought to have known that; and
- The alleged conduct occurred.
Examples and maximum penalties include:
- Sexual penetration: up to 14 years’ imprisonment, or 20 years if the accused was in a position of authority or care.
- Procuring or inciting sexual behaviour: same maximum penalties as above.
- Indecent dealing or recording: up to 7 years’ imprisonment, or 10 years if in a position of authority.
It is a defence if the accused and the complainant were lawfully married.
Mandatory imprisonment can apply where the offence occurred during a home burglary.
Sexual Servitude & Related Commercial Offences
- Sexual servitude – Compelling another person to provide sexual services (maximum penalty: 20 years’ imprisonment for a child/incapable person, 14 years’ imprisonment otherwise).
- Conducting a business involving sexual servitude – Managing or financing such a business (same penalties as above).
- Deceptive recruiting – Recruiting someone for sexual services through deception (maximum penalty: 7 years’ imprisonment for adults, 20 years’ imprisonment for a child or incapable person).
Indecent Assault & Aggravated Indecent Assault
- Indecent assault – Unlawful indecent touching without consent. Maximum penalty 5 years’ imprisonment, or 2 years’ imprisonment and a fine if dealt with summarily.
- Aggravated indecent assault – Same conduct with aggravating circumstances such as use of a weapon, threats, or degradation. Maximum penalty 7 years’ imprisonment, or 3 years and a fine on summary conviction.
Mandatory imprisonment may apply if offence was committed during a home burglary.
To prove these offences, the prosecution must establish identity, that an assault occurred, that it was indecent, and that it was without consent, along with any aggravating factors.
The Legal Process
Sexual offence cases usually begin with a police investigation. You may be asked to attend an interview, be charged, or receive a court summons.
You should not participate in any police interview without first obtaining legal advice. Anything said can later be used as evidence.
Once charged, your matter will begin in the Magistrates Court and may progress to the District Court or Supreme Court, depending on its seriousness.
Perrella Legal guides clients through every stage — from interviews and bail applications to pre-trial negotiations and trial representation.
Possible Defences
Every case is unique, and the available defences depend on the facts. Common issues we examine include:
- Whether consent was given or could reasonably have been believed to be given;
- Whether the alleged conduct occurred;
- Inconsistencies in witness evidence or testimony;
- Procedural errors by police; and
- Whether forensic or digital evidence supports your account.
We meticulously analyse every element of the prosecution case to ensure your defence is fully and fairly presented.
Why Choose Perrella Legal
At Perrella Legal, we combine strong advocacy with compassion and discretion.
We recognise that being accused of a sexual offence is deeply personal and isolating. Our lawyers handle every matter with absolute confidentiality and strategic care.
We will:
- Provide honest, practical advice about your options;
- Challenge prosecution evidence and cross-examine witnesses effectively;
- Engage expert witnesses where appropriate;
- Explore opportunities to have charges withdrawn, downgraded, or diverted; and
- Represent you with skill and professionalism at every stage of the proceedings.
If you are under investigation or have been charged, early legal advice can make all the difference.
Contact Perrella Legal today for a confidential consultation with an experienced sexual offence lawyer in Perth.
