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

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

Indecent assault or sexual touching charges in Victoria are among the most serious criminal offences you can face. These charges carry potential jail time, lifetime registration as a sex offender, and devastating impacts on your career, family and reputation. If police have charged you or want to interview you about these allegations, contact a specialist criminal lawyer immediately on 1300 636 846 - every conversation you have with police without legal representation can strengthen the prosecution's case against you.

Do You Need a Lawyer?

Yes, absolutely. Indecent assault and sexual touching charges in Victoria are indictable offences that require specialist criminal law expertise. Without proper legal representation, you face maximum penalties of 10 years imprisonment for indecent assault, mandatory sex offender registration, and a criminal record that will appear on police checks for employment, travel and housing applications.

A specialist criminal lawyer can challenge the prosecution's evidence, negotiate with prosecutors to reduce charges, present compelling character evidence, and in many cases achieve outcomes that avoid conviction entirely. Our lawyers have successfully defended hundreds of sexual assault cases across Victoria, securing not guilty verdicts, withdrawn charges, and diversionary programs that prevent criminal records.

The difference between representation and going alone is often the difference between jail time and freedom, between a criminal record and a clean slate. Don't risk your future - call 1300 636 846 or book immediately at gotocourt.com.au/book.

What Happens Next - The Process

Understanding the court process helps you prepare for what's ahead:

1. Police Investigation (0-6 months): Police gather evidence, interview witnesses, and may request a formal interview. Never attend police interviews without a lawyer present.
2. Charges Laid: You receive a charge and summons or are arrested. For indictable offences, you'll typically receive bail with conditions.
3. First Mention (2-4 weeks after charges): Brief appearance at Melbourne Magistrates' Court or your local Magistrates' Court. Your lawyer enters a plea of not guilty and requests disclosure of evidence.
4. Committal Mention (8-12 weeks later): Prosecution provides full brief of evidence. Your lawyer reviews witness statements, forensic evidence, and police interviews.
5. Committal Hearing or Direct Indictment (3-6 months): Magistrate determines if sufficient evidence exists for trial. Many cases resolve through negotiation at this stage.
6. County Court Trial (12-18 months from charges): If committed for trial, your case goes to the County Court of Victoria before a judge and jury.

This process can take 18-24 months from charge to resolution. Having an experienced criminal lawyer from day one allows us to build your defence strategy, challenge weak evidence early, and often resolve matters before reaching trial.

The Law in Victoria

Victoria defines sexual touching and indecent assault under the Crimes Act 1958 (Vic). These offences have specific elements the prosecution must prove beyond reasonable doubt.

Sexual Touching (Section 61A) occurs when you intentionally touch another person in a sexual manner without their consent, knowing they don't consent or being recklessly indifferent to consent. Maximum penalty: 10 years imprisonment.

Indecent Assault (Section 39) involves intentionally assaulting another person in indecent circumstances without consent. Maximum penalty: 10 years imprisonment.

The prosecution must prove these elements:

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

These are indictable offences in Victoria, meaning they're heard in the County Court before a judge and jury for penalties exceeding 2 years imprisonment. However, some sexual touching matters can be heard summarily in the Magistrates' Court with maximum penalties of 2 years imprisonment.

Conviction also triggers automatic registration under the Sex Offenders Registration Act 2004 (Vic) for 8-15 years, requiring you to report personal details, travel plans, and residence changes to police.

Mistakes to Avoid

We've seen these critical mistakes destroy winnable cases:

1. Speaking to Police Without a Lawyer: Clients often think explaining their side will help. Police interviews are designed to gather incriminating evidence. Even innocent explanations can be twisted by prosecutors. We've seen clients talk themselves into convictions by trying to be helpful. Always exercise your right to remain silent until you have legal representation.

2. Contacting the Complainant: Any contact - direct, through friends, social media, or third parties - will be interpreted as intimidation or tampering with witnesses. This can result in additional stalking or intimidation charges and immediate cancellation of bail. We've seen clients receive extra jail time for sending a single text message attempting to apologise.

3. Deleting Messages or Evidence: Destroying phones, deleting social media, or removing photos after allegations surface creates additional charges for hindering prosecution. Courts view this as consciousness of guilt. Preserve all evidence and let your lawyer determine what's relevant.

4. Assuming Consent is Obvious: Many clients believe prior relationships, flirting, or consensual activity earlier in the evening proves consent for the alleged incident. Victorian law requires consent for each specific act. Your lawyer needs to build a comprehensive consent defence using witness evidence, communications, and expert testimony.

5. Choosing the Wrong Court: For sexual touching charges, you can elect Magistrates' Court (maximum 2 years) or County Court (maximum 10 years). This decision affects everything from penalty exposure to jury composition. Making the wrong election based on misunderstanding the evidence can be catastrophic.

Likely Outcomes and Costs

With specialist representation, we regularly achieve:

• Withdrawn charges: When evidence is insufficient or obtained improperly, we negotiate with prosecutors to withdraw charges entirely
• Not guilty verdicts: Our trial lawyers have extensive experience cross-examining complainants and challenging prosecution evidence
• Reduced charges: Negotiating down from indecent assault to common assault, avoiding sex offender registration
• Diversionary programs: For first offenders, securing diversion programs that result in no conviction
• Suspended sentences: Where conviction is unavoidable, achieving wholly suspended sentences that avoid actual imprisonment

Without legal representation, conviction rates exceed 85% in contested sexual assault matters. With specialist criminal lawyers, our clients achieve significantly better outcomes through proper preparation, evidence analysis, and strategic case presentation.

Legal costs typically range from $15,000-$40,000 for full representation through to trial, depending on case complexity. This investment often saves clients from decades of career limitations, travel restrictions, and social stigma worth hundreds of thousands in lost opportunities.

Timeframes: Most matters resolve within 12-18 months. Early legal intervention can often achieve faster resolution through strategic negotiations with prosecutors.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended sexual assault charges across Victoria for over 14 years. Our 800+ criminal lawyers include former prosecutors, specialist sexual assault advocates, and barristers with decades of County Court trial experience.

We're available 24/7 because sexual assault charges don't wait for business hours. Our emergency hotline 1300 636 846 connects you immediately with lawyers who understand the urgency of your situation. We've taken calls at midnight from clients arrested on these charges and secured bail within hours.

Our fixed-fee consultation provides immediate clarity on your charges, realistic outcomes, and defence strategy. Unlike other firms charging $600+ per hour from the first phone call, we believe everyone deserves access to specialist criminal law advice when facing life-changing charges.

With offices across Melbourne, Geelong, and regional Victoria, we appear in every Magistrates' Court and County Court location. Our 4.5-star rating from 780 reviews reflects our commitment to achieving the best possible outcomes for clients facing the most serious charges.

These charges will not disappear or resolve themselves. Every day without proper legal representation is a day prosecutors solidify their case against you. Call 1300 636 846 now or book your urgent consultation at gotocourt.com.au/book. Your future depends on the decisions you make today.