Charged With Indecent Assault or Sexual Touching in Western Australia - 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 Western Australia carry severe penalties including potential imprisonment and mandatory sex offender registration. Under the Criminal Code Act Compilation Act 1913 (WA), these charges can result in up to 5 years imprisonment, with aggravated offences carrying up to 14 years. If you've been charged, arrested, or are under investigation, contact a specialist criminal lawyer immediately - what you do in the next 24-48 hours will significantly impact your case outcome.

Do You Need a Lawyer?

Yes, you absolutely need specialist legal representation for sexual touching charges in Western Australia. These charges carry mandatory reporting to the Sex Offender Registry if convicted, permanent criminal records that appear on police checks, and potential imprisonment. Without proper legal representation, you risk pleading guilty to charges that could be defended, accepting inappropriate penalties, or making statements to police that destroy your defence.

A specialist sexual offence lawyer can challenge the prosecution's evidence, negotiate with prosecutors to reduce charges, prepare alternative sentencing submissions to avoid imprisonment, and protect you from making damaging admissions. The stakes are too high to represent yourself - these convictions follow you for life and affect employment, travel, housing, and personal relationships.

Police often pressure people into making admissions during interviews. Never speak to police without a lawyer present. Exercise your right to silence and call 1300 636 846 immediately for 24/7 legal advice.

What Happens Next - The Process

Sexual touching charges in Western Australia follow a specific court process depending on whether you're charged summarily or on indictment:

1. Initial Court Appearance (1-4 weeks after charge): You'll appear at Perth Magistrates Court, Fremantle Magistrates Court, or your local Magistrates Court. The charge will be read and you'll enter a plea of guilty or not guilty. Never plead guilty at this first appearance without legal advice.
2. Bail Determination: If charged with aggravated sexual touching, you may be refused bail or granted conditional bail with restrictions like no contact with the complainant, residence requirements, or reporting to police.
3. Disclosure of Evidence (4-8 weeks): Police provide your lawyer with their evidence including witness statements, CCTV footage, medical reports, and interview recordings. This is crucial for building your defence.
4. Case Conference or Committal (8-16 weeks): For indictable matters, a committal hearing determines if there's sufficient evidence for trial. For summary matters, case conferences attempt to resolve the matter without trial.
5. Trial or Sentencing: Summary trials occur in Magistrates Court within 3-6 months. Indictable trials proceed to District Court and can take 12-18 months. If pleading guilty, sentencing occurs immediately or after pre-sentence reports.

Time is critical in sexual offence cases. Evidence disappears, witnesses' memories fade, and early intervention by your lawyer can prevent charges being laid or have them withdrawn. Call 1300 636 846 now to start building your defence immediately.

The Law in Western Australia

Western Australia defines sexual touching under Section 321A of the Criminal Code Act Compilation Act 1913 (WA). The offence occurs when a person unlawfully and indecently touches another person without their consent. "Sexual touching" includes touching with any part of the body or with an object in circumstances that reasonable people would consider indecent.

Elements the prosecution must prove beyond reasonable doubt:

• You intentionally touched the complainant
• The touching was sexual or indecent in nature
• The touching occurred without the complainant's consent
• You knew the complainant did not consent or were recklessly indifferent to their consent

Penalties under Western Australian law:

• Basic sexual touching: Maximum 5 years imprisonment
• Aggravated sexual touching: Maximum 14 years imprisonment (circumstances of aggravation include victim under 16, victim over 60, offender in position of trust, or offender armed)
• Indecent assault: Maximum 5 years imprisonment
• Aggravated indecent assault: Maximum 7 years imprisonment

Sexual touching charges under Section 321A are summary offences heard in Magistrates Court unless circumstances of aggravation apply, making them indictable offences heard in District Court. However, prosecutors can elect to charge aggravated matters summarily with the defendant's consent, limiting penalties to 2 years imprisonment.

Convictions result in mandatory inclusion on the Sex Offender Registry, permanent criminal records, and potential Violence Restraining Orders. These consequences are immediate and life-changing - you need expert legal representation to avoid or minimise them.

Mistakes to Avoid

1. Speaking to police without a lawyer present. Police use sophisticated interview techniques designed to elicit admissions. They can lie about evidence they have and pressure you into confessing. Anything you say can and will be used against you. Exercise your right to silence and request a lawyer immediately. We've seen countless cases where clients destroyed their defence by making unnecessary admissions to police.

2. Pleading guilty at the first court appearance. Magistrates often encourage early guilty pleas with promises of discounted sentences. However, you can't assess whether you should plead guilty until your lawyer reviews all prosecution evidence. We've successfully defended cases where clients initially wanted to plead guilty because the evidence wasn't as strong as it first appeared.

3. Contacting the complainant or witnesses. Any contact with the complainant - even to apologise or explain your version of events - will be used as evidence against you. It can result in additional charges like breach of bail or witness intimidation. Social media contact, messages through friends, or attending places where the complainant might be present are all prohibited.

4. Deleting evidence from phones or computers. Destroying potential evidence is a separate criminal offence. Police can recover deleted messages, photos, and internet history. Instead, provide all devices to your lawyer who can review them confidentially under legal professional privilege before deciding what should be disclosed.

5. Representing yourself or using a non-specialist lawyer. Sexual offence law in Western Australia involves complex evidentiary rules, specialist procedures, and requires detailed knowledge of sentencing alternatives. General criminal lawyers or duty lawyers lack the expertise to properly defend these charges. The consequences of a conviction are too severe to risk inadequate representation.

These mistakes can turn a defendable case into a certain conviction. Call 1300 636 846 immediately to avoid these critical errors.

Likely Outcomes and Costs

With specialist legal representation, you can achieve significantly better outcomes than representing yourself or using inexperienced counsel. Our WA lawyers regularly achieve:

• Charge withdrawals: Where evidence is insufficient or improperly obtained, charges can be withdrawn before trial
• Reduced charges: Negotiating down from aggravated sexual touching to basic charges, or from indictable to summary matters
• Alternative sentencing: Community service, suspended sentences, or intensive supervision orders instead of imprisonment
• Spent conviction orders: Preventing convictions from appearing on police checks after specified periods

Without proper representation, you're likely facing:

• Immediate imprisonment (particularly for repeat offences or aggravated matters)
• Permanent criminal record affecting employment and travel
• Mandatory sex offender registration
• Violence restraining orders restricting your movements

Legal costs and timeframes:

Go To Court Lawyers charges a fixed fixed-fee consultation to assess your case and explain your options. Summary matters typically cost $3,500-$8,000 depending on complexity. Indictable matters requiring District Court representation range from $8,000-$20,000. These costs are insignificant compared to the lifelong consequences of an undefended conviction.

Summary matters resolve within 3-6 months. Indictable matters take 12-18 months but allow more time to build comprehensive defences. Early intervention often achieves better results - call 1300 636 846 today to start protecting your future.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest criminal law firm with over 800+ specialist lawyers operating in every state and territory since 2010. Our Western Australia sexual offence team has defended thousands of sexual touching and indecent assault cases, achieving exceptional results through aggressive advocacy and detailed preparation.

Our WA sexual offence lawyers provide:

• 24/7 emergency legal advice on 1300 636 846
• Fixed-fee consultations at our Perth, Fremantle, and regional offices
• Immediate bail applications and police interview representation
• Comprehensive evidence analysis and defence preparation
• Expert witness coordination and psychiatric assessments
• Skilled court advocacy in Magistrates and District Courts
• Alternative sentencing submissions and character references

With 4.5 stars from 780+ client reviews, we're Australia's most trusted criminal law firm. Our clients choose us because we understand the devastating impact these charges have on your life, career, and family relationships. We fight aggressively to protect your reputation and freedom.

Don't let sexual touching charges destroy your future. Our WA team is available 24/7 for emergency assistance. Call 1300 636 846 now for immediate legal advice, book online at gotocourt.com.au/book for your fixed-fee consultation, or request urgent callback for after-hours assistance.

Time is running out - the earlier we start building your defence, the better your chances of avoiding conviction. Your future depends on the decisions you make right now.