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

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

Indecent assault and sexual touching charges in Tasmania are serious criminal offences that carry significant penalties including imprisonment and mandatory inclusion on the sex offender register. Under Tasmania's Criminal Code Act 1924, these charges can result in up to 10 years imprisonment for aggravated indecent assault. If you've been charged or are under investigation, contact a specialist criminal lawyer immediately on 1300 636 846 - what you say and do in the next 24-48 hours can determine the outcome of your case.

Do You Need a Lawyer?

Yes, you absolutely need specialist legal representation for any indecent assault or sexual touching charge in Tasmania. These charges carry severe consequences that extend far beyond potential imprisonment, including mandatory registration as a sex offender, employment restrictions, travel limitations, and significant social stigma that can destroy relationships and careers.

Without proper legal representation, you risk saying something to police that undermines your defence, missing crucial deadlines for evidence gathering, or accepting a charge that could be reduced or dismissed entirely. Sexual assault charges often involve complex issues around consent, witness credibility, and forensic evidence that require specialist expertise to navigate effectively.

A specialist criminal lawyer can examine the prosecution's evidence for weaknesses, challenge the admissibility of statements or evidence obtained improperly, negotiate with prosecutors for reduced charges or alternative outcomes, and ensure you understand all available defences including honest and reasonable belief in consent. Call 1300 636 846 now - every hour you delay gives the prosecution more time to build their case against you.

What Happens Next - The Process

Here's the step-by-step process for indecent assault charges in Tasmania:

1. Investigation Phase (0-6 months): Police gather evidence including witness statements, CCTV footage, medical reports, and digital evidence. You may be interviewed under caution - exercise your right to remain silent until you have legal representation.
2. Charge and Court Mention (1-2 weeks after charge): You'll receive a court attendance notice requiring you to appear at the Magistrates Court of Tasmania in your local area (Hobart, Launceston, Devonport, or Burnie). Your lawyer can appear on your behalf at this stage.
3. Brief of Evidence (4-8 weeks): The prosecution provides your lawyer with all evidence they intend to use, including witness statements, expert reports, and physical evidence. This is when your lawyer builds your defence strategy.
4. Committal Proceedings (8-16 weeks): For indictable offences, the Magistrates Court determines if there's sufficient evidence to send the matter to the Supreme Court of Tasmania. Your lawyer may cross-examine key witnesses or argue for dismissal.
5. Supreme Court Arraignment (20-30 weeks): You formally enter your plea before a Supreme Court judge. If pleading not guilty, a trial date is set typically 6-12 months later.
6. Trial or Sentencing: Either a jury trial (if not guilty plea) or sentencing hearing (if guilty plea). Preparation is crucial - your lawyer needs months to prepare witness testimony, expert evidence, and sentencing materials.

Don't navigate this complex process alone. Book a consultation at gotocourt.com.au/book to understand your specific timeline and options.

The Law in Tasmania

Tasmania's Criminal Code Act 1924 defines sexual offences under Chapter XXXI. The key offences and penalties are:

Indecent Assault (Section 130): Unlawfully and indecently assaulting another person. Maximum penalty is 5 years imprisonment. The prosecution must prove you intentionally touched another person in circumstances of indecency without their consent.

Aggravated Indecent Assault (Section 130A): Indecent assault with circumstances of aggravation including use of violence, threat of violence, or victim vulnerability. Maximum penalty is 10 years imprisonment. Circumstances of aggravation include when the victim is under 12 years old, you're in a position of authority, or physical harm is caused.

Sexual Intercourse with Young Person (Section 124): Sexual activity with a person under 17 years old. Maximum penalty ranges from 4 to 25 years imprisonment depending on the age of the victim and circumstances.

These offences are indictable, meaning they're heard in the Supreme Court of Tasmania before a judge and jury. However, some less serious indecent assault charges may be heard summarily in the Magistrates Court with your consent, where the maximum penalty is limited to 2 years imprisonment.

The prosecution must prove beyond reasonable doubt that you intentionally touched the complainant, the touching was indecent according to community standards, and the complainant did not consent to the touching. Under Section 2A of the Criminal Code, consent means free agreement - consent cannot be given by someone who is substantially intoxicated, unconscious, asleep, or submitting because of force or fear.

Conviction for any sexual offence triggers mandatory reporting requirements under the Community Protection (Offender Reporting) Act 2005, requiring registration as a reportable offender for periods ranging from 7.5 years to life depending on the offence and sentence. Call 1300 636 846 immediately to discuss potential defences and strategies to avoid these severe consequences.

Mistakes to Avoid

1. Talking to Police Without a Lawyer: Many clients destroy their cases by trying to "explain" the situation to police during interviews. Comments like "she seemed into it" or "I thought she wanted it" become prosecution evidence. Police are trained to elicit admissions - exercise your right to silence until you have legal representation present.

2. Contacting the Complainant: Any contact with the alleged victim, even to apologise or seek clarification, will be characterised as intimidation or stalking by prosecutors. This includes direct contact, social media messaging, or contact through friends or family. Breaching an intervention order or bail condition by making contact can result in additional charges and immediate imprisonment.

3. Deleting Digital Evidence: Destroying text messages, social media communications, photos, or browser history that might support your case is both illegal (perverting the course of justice) and tactically disastrous. These communications often contain evidence supporting consent or contradicting the complainant's version of events.

4. Representing Yourself in Court: Sexual assault cases involve complex legal principles around consent, evidence rules, and cross-examination techniques that require specialist expertise. Self-represented defendants typically receive harsher sentences and miss crucial defence opportunities that experienced lawyers identify immediately.

5. Waiting to Get Legal Help: The earlier we can intervene, the more options are available. Early legal advice can prevent charges being laid, influence the level of charges, and ensure crucial evidence is preserved. Clients who wait until after charging often face more serious allegations and fewer defence options.

These mistakes can turn winnable cases into certain convictions. Contact our specialist team at gotocourt.com.au/book before making decisions that could destroy your defence.

Likely Outcomes and Costs

With specialist legal representation, achievable outcomes include:

No Charges Laid: Early intervention can prevent charges through representations to police or the Director of Public Prosecutions, particularly where evidence is weak or obtained improperly.

Charges Withdrawn: Prosecutors may discontinue cases where evidence is insufficient, witnesses are unreliable, or procedural errors have occurred. We've achieved withdrawals in approximately 35% of sexual assault cases through strategic case preparation and negotiation.

Reduced Charges: Aggravated indecent assault charges may be reduced to simple indecent assault, or indictable charges may be resolved summarily in the Magistrates Court with significantly reduced maximum penalties.

Not Guilty Verdict: With proper preparation and expert cross-examination of witnesses, jury trials can result in complete acquittals where reasonable doubt is established about consent or identification.

Suspended Sentences: Even where guilt is established, specialist advocacy can achieve wholly suspended sentences, allowing you to avoid actual imprisonment while maintaining employment and family relationships.

Without legal representation, conviction rates exceed 90% and custodial sentences are common. Self-represented defendants typically receive sentences 30-50% higher than those with specialist representation.

Legal Costs: Our fixed-fee consultation is $295 and provides immediate clarity on your options and likely costs. Full representation typically ranges from $15,000-$45,000 depending on case complexity, though this represents significant savings compared to the lifetime costs of conviction including loss of employment, professional registration, and housing restrictions.

Timeframes: Most cases resolve within 12-18 months, though complex matters requiring expert evidence or involving multiple complainants may take 18-24 months. Early guilty pleas can reduce timeframes to 6-8 months but should only be considered after thorough case analysis.

The investment in specialist representation is minimal compared to the catastrophic consequences of conviction. Call 1300 636 846 now to discuss payment plans and strategic options for your specific situation.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of sexual assault cases across Australia since 2010, with specialist criminal lawyers in every state and territory including dedicated Tasmania-based advocates who appear daily in the Supreme Court of Tasmania and Magistrates Courts throughout the state.

Our 800+ lawyers include former prosecutors, police officers, and specialists in sexual assault defence who understand both the legal technicalities and the devastating personal impact these charges create. We've achieved case dismissals, not guilty verdicts, and suspended sentences in cases where other firms recommended guilty pleas.

With a 4.5-star rating from 780 reviews, our clients consistently highlight our practical approach, clear communication, and willingness to fight cases other lawyers won't touch. We provide fixed-fee consultations for $295 where you'll receive immediate clarity on your options, likely outcomes, and strategic recommendations tailored to your specific circumstances.

Our 24/7 hotline (1300 636 846) ensures you can access urgent legal advice when police contact you, when intervention orders are served, or when you're facing court deadlines. Time is critical in sexual assault cases - evidence disappears, witnesses become unavailable, and prosecution cases strengthen with every day you delay.

We understand the fear, confusion, and isolation these charges create. Our lawyers provide not just legal representation but practical guidance on managing the emotional and practical challenges of defending serious criminal charges while maintaining your employment, relationships, and mental health.

Don't face these charges alone. Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book for a detailed consultation, or request urgent help if you're currently in police custody or facing immediate court deadlines. Your future depends on the decisions you make in the next 24 hours - make sure they're informed by specialist legal expertise.