Sexual Penetration Without Consent in Western Australia

This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.

In Western Australia, the Criminal Code Act Consolidation Act 1935 contains sexual offences such as sexual penetration without consent, indecent assault and sexual coercion. This page sets out the laws surrounding sexual penetration without consent in WA.

The offence of sexual penetration without consent in WA

Under section 325 of the Criminal Code Act Compilation Act 1935, it is an offence to sexually penetrate another person without consent. This is punishable by up to 14 years imprisonment.  

The offence of aggravated sexual penetration without consent in WA

Under section 326 of the Criminal Code Act Consolidation Act 1935, an aggravated offence of sexual penetration without consent is punishable by up to 20 years imprisonment.

What is sexual penetration?

Under section 319 of the Criminal Code Act Consolidation Act 1935, sexual penetration includes:

• Penetration of the vagina with a body part or an object;
• Introduction of a penis into another person’s mouth;
• Cunnilingus or fellatio.

Circumstances of aggravation

An offence is aggravated if it takes place under any of the following circumstances:

• Where the offender is armed with a weapon or pretends to be;
• The offender is in company with another person;
• The offender does bodily harm to a person;
• The offender does an act that is likely to seriously and substantially degrade or humiliate the victim;
• The offender threatens the victim.

Jurisdiction

The offence of sexual penetration without consent is strictly indictable and is dealt with in the District Court of WA. However, all criminal matters commence in the Magistrates Court and your matter will go through a number of procedural steps before being transferred to the District Court for finalisation.

Penalty for sexual penetration without consent

A person who is found guilty of sexual penetration without consent will generally be sentenced to a term of imprisonment. This may be wholly or partly suspended.

The court may set a non-parole period. This is a date when the offender becomes eligible to apply for release on parole.

Seek legal advice if you have been charged with an offence

If you have been charged with sexual offences in Western Australia, seek legal advice from an experienced criminal lawyer. Go To Court Lawyers will thoroughly review the allegations against you and your criminal history and advise you on how best to proceed.

Our solicitors will advise you on:

• The strength of the prosecution case;
• The likely penalty range in your circumstances;
• Any available defence;
• The court process
• Any evidential issues

Defences to sexual penetration without consent

The only legal defence to sexual penetration without consent is that the alleged victim consented to sex with the accused.

A person charged with an offence may also rely on a factual defence such as:

• That the alleged offence did not occur
• That the accused was not the person who committed the offence.

Applying for bail in Western Australia

If you have been charged with sexual penetration without consent or with another offence and remanded in custody, you may want to apply for bail. Go To Court Lawyers can advise you on your prospects of being granted bail and help you to prepare a bail plan.

In Western Australia, bail applications are decided under the Bail Act 1982.

The court will decide whether to grant a person bail after considering whether they will:

• come to court
• commit an offence
• endanger a person
• interfere with witnesses
• obstruct the court of justice.

The court will have regard to the person’s prior history, personal circumstances, the offences they are charged with, their bail history and the strength of the case against them.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.