A sexual assault (previously referred to as rape) is physical contact of a sexual nature directed toward another person where that person does not give consent or gives consent by intimidation. Furthermore, a child under the age of 16 cannot consent to sexual intercourse. A child is legally deemed incapable of giving consent because of youth.
Sexual assault is not only restricted to penile intercourse. It can also constitute digital penetration and oral sex.
Women are primarily the victims of sexual assault. Sexual assault can be a frightening experience that may have long term effects on a female. As a result, a significant term of imprisonment is usually the only appropriate disposition.
If the sexual assault was recent the police will arrange for a forensic medical examination. This examination will gather evidence for court, if the victim decides to pursue criminal action.
Generally, no police investigation will commence without a statement from the victim. However, in some instances, it may be in the interest of the general public to proceed with an investigation.
The investigating detective from the WA Police Sex Assault Squad will also provide the victim with relevant information in relation to victim compensation. If convicted, the offender will also be liable for the monetary compensation awarded to the victim.
A less serious category of sexual assault is indecent assault. An indecent assault does not necessarily need to be sexually motivated, but must be inherently indecent, according to Western Australian values.
Indecent assault is unwanted touching or a threat to touch someone else’s body in a sexual manner without consent. Instances of indecent assault include kissing or touching someone’s breasts, buttocks or genitals without their consent.
Indecent dealing is the same as indecent assault but the victim is a child.
Should you, or anyone you know, need any help, in relation to sexual assault, or any other offences, contact Lawson Legal for a free initial consultation with one of our experienced criminal lawyers.