201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
These offences appear in Chapter XXXI of the Criminal Code Act Compilation Act 1913 (WA) (The Code).
For the offences discussed which relate to Section 320-329 The Code, where the age of the victim is relevant to the charge, it cannot be a defence for a person to assert that they were ignorant of the age of the person. This means they cannot seek to rely on the fact that they did not know the age of the victim. This is contained in Section 331 of The Code.
Some terms which appear in the descriptions of the various crimes are included below.
The definition of “sexual penetration” is:
A person engages in “sexual behaviour” if they:
“Consent” is defined in Section 319(2) of The Code. “Consent” means consent that is freely given. It is a technical area of the law and the following is a very brief overview.
Consent is a continuing factor and can be withdrawn after it has been initially given. This means that if a person withdraws consent to a sexual act during that act and the other person does not cease the act, the part of the act which occurs after consent has been withdrawn is done without consent.
“Consent” is not freely given where it is obtained by:
The issue of consent can be quite complicated and cannot be exhaustively covered here. However, there are situations where it is deemed that consent is not freely given or the person is incapable of giving consent. Examples of these situations include but are not limited to:
It is also an element of the definition of “consent” that the fact that a person does not offer physical resistance does not constitute consent to the sexual penetration. This means that a lack of physical resistance cannot be taken to mean that the person is consenting on the basis that a person not consenting would attempt to fight off or otherwise resist the attacker.
A child under the age of 13 years is considered incapable of giving consent to an act which constitutes an offence against the child.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers will be able to guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Perth: (08) 9321 5505
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100