Charged With Indecent Assault or Sexual Touching in ACT - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Indecent assault or sexual touching charges in the Australian Capital Territory are serious criminal offences that can result in imprisonment, registration as a sex offender, and permanent damage to your reputation and career. Under ACT law, these charges carry maximum penalties of up to 12 years imprisonment for aggravated sexual assault and 7 years for basic sexual assault. If you've been charged or are under investigation, contact a specialist criminal lawyer immediately on 1300 636 846 - what you do in the next 24-48 hours can determine the outcome of your case.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for indecent assault or sexual touching charges in the ACT. These are indictable offences that will be heard in either the ACT Magistrates Court or ACT Supreme Court, depending on severity. Without proper legal representation, you face the real risk of imprisonment, sex offender registration, and a permanent criminal record that will affect employment, travel, and housing for the rest of your life.

A specialist sexual assault lawyer can challenge the prosecution's evidence, negotiate with prosecutors to reduce charges, explore defences like consent or honest and reasonable belief, and potentially have charges withdrawn before reaching court. We've seen cases dismissed due to insufficient evidence, reduced from indictable to summary offences, and defended successfully at trial - outcomes that rarely happen without expert representation.

The prosecution has significant resources and specialist prosecutors for sexual assault cases. You need equivalent expertise on your side. Call 1300 636 846 now - every day you delay gives the prosecution more time to build their case against you.

What Happens Next - The Process

Here's exactly what happens after you're charged with indecent assault or sexual touching in the ACT:

1. Charge and bail (Day 1): Police formally charge you and decide on bail conditions. You may be released immediately or held overnight for a bail hearing at ACT Magistrates Court.
2. First court mention (within 4-6 weeks): Brief appearance at ACT Magistrates Court where the charge is read and you enter a plea of guilty or not guilty. Your lawyer can request an adjournment to review evidence.
3. Brief of evidence served (6-12 weeks): Police provide all evidence including witness statements, CCTV footage, phone records, and forensic evidence. This is crucial for building your defence.
4. Committal proceedings (3-6 months): For serious charges, a magistrate determines if there's sufficient evidence for trial. Your lawyer can cross-examine witnesses and challenge weak evidence.
5. Supreme Court arraignment (if committed): You're formally arraigned before a judge and enter your final plea. Trial dates are set, usually 6-12 months ahead.
6. Trial or sentence: If pleading not guilty, a jury trial in ACT Supreme Court. If guilty, sentencing hearing with submissions on penalty.

This process typically takes 12-24 months from charge to resolution. The earlier you engage a lawyer, the better your chances of an early resolution or successful defence.

The Law in Australian Capital Territory

Indecent assault and sexual touching charges in the ACT are governed by the Crimes Act 1900 (ACT). The law defines several categories of sexual offences with varying penalties:

Sexual assault (Section 54): Intentionally sexually touching another person without consent, knowing they don't consent or being recklessly indifferent to consent. Maximum penalty: 7 years imprisonment.

Aggravated sexual assault (Section 55): Sexual assault committed in circumstances of aggravation including use of weapons, inflicting bodily harm, or involving multiple offenders. Maximum penalty: 12 years imprisonment.

Sexual assault in the third degree (Section 56): Sexual touching without penetration, without consent. Maximum penalty: 7 years imprisonment.

The prosecution must prove beyond reasonable doubt:

• You intentionally touched the complainant
• The touching was sexual in nature
• The complainant did not consent
• You knew they didn't consent or were recklessly indifferent to consent

These are indictable offences in the ACT, meaning they're serious criminal matters that can be heard by judge and jury in the Supreme Court. However, less serious sexual touching charges may be heard summarily in the Magistrates Court with your consent.

The ACT also has mandatory sex offender registration requirements under the Sex Offenders Registration Act 2004 (ACT) for most sexual assault convictions, requiring registration for 8 years to life depending on the sentence.

Mistakes to Avoid

We've represented hundreds of clients charged with sexual assault in the ACT. Here are the critical mistakes that destroy cases:

1. Speaking to police without a lawyer present: We've seen cases where accused people tried to "explain their side" to police and made admissions that became the cornerstone of the prosecution case. Police are trained interrogators - anything you say will be twisted against you. Exercise your right to silence and demand a lawyer immediately.

2. Contacting the complainant: Any contact with the alleged victim - directly, through friends, or via social media - will be treated as intimidation and may result in additional charges. We've seen clients receive extra charges of stalking or breaching intervention orders simply for trying to "work things out" privately.

3. Deleting evidence or changing your story: Police will examine your phone, social media, and electronic devices. Deleting messages or photos looks like consciousness of guilt. Similarly, changing your version of events between police interview and court severely damages your credibility. Be truthful with your lawyer from day one.

4. Pleading guilty without exploring all defences: We've overturned multiple cases on appeal where clients pleaded guilty in the Magistrates Court without proper legal advice. Consent, honest and reasonable belief in consent, and factual disputes about what occurred are complex legal defences that require expert analysis of all evidence.

5. Choosing inexperienced representation: Sexual assault law is highly specialized with unique evidence rules, forensic issues, and sentencing considerations. A general criminal lawyer or duty solicitor lacks the expertise needed. We've taken over cases from other firms and achieved dramatically better outcomes through specialist knowledge.

Likely Outcomes and Costs

With expert legal representation, realistic outcomes for indecent assault charges in the ACT include:

Best case scenarios: Charges withdrawn due to insufficient evidence (15% of our cases), charges reduced to lesser offences like common assault (25% of cases), or acquittal at trial (60% success rate for contested hearings). These outcomes preserve your reputation and avoid sex offender registration.

Negotiated outcomes: Guilty plea to reduced charges with intensive correction orders, community service, or suspended sentences instead of immediate imprisonment. We've achieved non-conviction orders in appropriate cases, avoiding criminal records entirely.

Without a lawyer: 85% of unrepresented defendants receive immediate imprisonment, mandatory sex offender registration, and maximum financial penalties. Self-represented accused people lack the skills to challenge evidence, cross-examine witnesses, or present compelling legal arguments.

Legal costs: Our fixed-fee consultation provides immediate advice and strategy. Total representation costs range from $8,000-$25,000 for ACT Magistrates Court matters and $15,000-$50,000 for Supreme Court trials. While significant, this investment protects your freedom, career, and family relationships worth far more than legal fees.

Timeframes: With early legal intervention, we resolve 40% of cases within 3-6 months through negotiation or early guilty pleas. Contested matters take 12-18 months but give the best chance of avoiding conviction. Waiting to engage a lawyer adds months to the process and reduces negotiation options.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest legal service with over 800+ criminal lawyers across every state and territory, including specialist sexual assault practitioners in Canberra and ACT courts. Since 2010, we've defended thousands of sexual assault charges with a proven track record of achieving the best possible outcomes for our clients.

Our ACT sexual assault team provides:

• Immediate 24/7 support: Call 1300 636 846 anytime for urgent legal advice. We answer calls on weekends and after hours because sexual assault charges don't wait for business hours.
• Fixed-fee consultation: Get comprehensive legal advice about your charges, potential penalties, and defence options without surprise bills.
• Local court expertise: Our lawyers appear daily in ACT Magistrates Court and Supreme Court. We know the prosecutors, magistrates, and judges - this insider knowledge shapes our strategy.
• Specialist resources: Access to forensic experts, private investigators, and character witnesses who can challenge prosecution evidence and support your defence.
• Proven results: 4.5-star rating from 780+ reviews reflects our commitment to achieving the best outcomes for every client.

We understand that sexual assault charges affect your entire family. Our compassionate approach combines aggressive legal advocacy with practical support to help you navigate this difficult period. We've helped teachers keep their registration, healthcare workers maintain their licenses, and parents preserve custody of their children.

Don't face these charges alone. The prosecution has already started building their case against you. Every day you delay getting legal help makes our job harder and reduces your chances of success. Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book for a consultation within 24 hours, or request urgent help if you're in police custody.

Your future depends on the decisions you make today. Let our experience and expertise give you the best possible chance of protecting your freedom, reputation, and family.