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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
The Age of Consent and Child Sex Offences (WA)
Every Australian jurisdiction has different criminal laws and therefore, different laws relating to the age at which a person can consent to sex. In Western Australia, the age of consent is 16. This is the same regardless of the type of sexual activity and regardless of the gender of the participants. A young person who is 16 or 17 cannot legally of the consent to sex with a person who occupies a position of authority over them. In such a situation, the age of consent is 18.
Having sex with a child who is below the age of content can result in a significant term of imprisonment, with the maximum penalty depending on the age of the child and their relationship with the offender.
What is consent?
Consent is defined at law as agreement freely and voluntarily given. Consent is not given freely and voluntarily if it is obtained through threats, force, intimidation, deceit or by fraudulent means (Criminal Code Compilation Act, Section 319).
A child under 13 cannot consent to sex with any other person.
What is sex?
The age of consent laws apply to the penetration of a vagina, anus or mouth by a person’s penis or the penetration of a person’s vagina or anus by another person using an object. The age of consent laws also apply to non-penetrative sexual acts such as oral sex.
The Age of Consent: Sexual offences against children under 13
In Western Australia, it is an offence to have any sexual contact with a child who is below the age of 13. Different penalties apply for different sexual acts with children under 13. Sexual offences against children are contained in the Criminal Code Compilation Act. The offences against children under 13 are also set out in the table below.
PROVISION OFFENCE AGE OF CHILD MAXIMUM PENALTY
Section 320(2) Sexual penetration Under 13 Imprisonment for 20 years
Section 320(3) Procure, incite, encourage to engage in sexual behaviour Under 13 Imprisonment for 20 years
Section 320(4) Indecent dealing Under 13 Imprisonment for 10 years
Section 320(6) Indecently record child Under 13 Imprisonment for 10 years
The Age of Consent: Sexual offences against children aged between 13 and 16
It is an offence in Western Australia for a person to have sexual contact with a child aged under 16. However, it is a defence if:
A) The accused was less than 3 years older than the child;
B) The accused believed on reasonable grounds that the child was aged at least 16;
C) The accused and the child were lawfully married at the time.
The penalties that apply for different types of sexual contact with children under 16 are set out in the table below.
PROVISION OFFENCE AGE OF CHILD MAXIMUM PENALTY
Section 321(2) Sexual penetration of child 13-16 Imprisonment for 14 years (20 years if the child is under the offender's supervision or care)
Section 321(3) Procure, incite or encourage child to engage in sexual behaviour 13-16 Imprisonment for 14 years (20 years if the child is under the offender's supervision, care or authority)
Section 321(4) Indecent dealing with child 13-16 Imprisonment for 7 years (10 years if the child was under the offender's supervision, control or authority)
Section 321(5) Procure, incite or encourage child to do sexual act 13-16 Imprisonment for 7 years (10 years if the child was under the offender's supervision, control or authority)
Section 321(6) Indecent record child 13-16 Imprisonment for 7 years (10 years if the child was under the offender's supervision, control or authority)
The Age of Consent: Sexual offences by persons in authority
It is an offence for a person with the care, supervision or authority over a child aged 16 or 17 to have sexual contact with the child. However, it is a defence to such an offence if the accused was lawfully married to the child at the time. It is important to note that it is not a defence to this offence if the accused believed on reasonable grounds that the child was aged 18 or older.
The penalties that apply to sexual offences against children aged 16 or 17 by a person in authority are set out below.
PROVISION OFFENCE AGE OF CHILD MAXIMUM PENALTY
Section 322(2) Sexual penetration of a child 16 - 17 Imprisonment for 10 years
Section 322(3) Procure, incite or encourage to engage in sexual behaviour 16 - 17 Imprisonment for 10 years
Section 322(4) Indecent dealings with child 16 - 17 Imprisonment for 5 years
Section 322(5) Procure, incite or encourage to engage in indecent act 16 - 17 Imprisonment for 5 years
Section 322(6) Indecently record child 16 - 17 Imprisonment for 5 years
The age of consent laws in Western Australia, like those in other states, include provisions that allow for sexual contact between young people who are similarly aged while prohibiting sex between adults and young people under 16. Age of consent laws seek to balance a recognition that sexual development and increasing sexual activity is part of growing up with the prohibition of exploitation of children by older people.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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