Sexual Penetration Without Consent in Western Australia

In WA, the Criminal Code Act Consolidation Act 1935 sets out a number of sexual offences involving non-consensual sexual contact. This page deal with the laws surrounding sexual penetration without consent in Western Australia.

Sexual penetration without consent in Western Australia

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

Aggravated sexual penetration without consent in Western Australia

Under section 326 of the Criminal Code Act Consolidation Act 1935, a person who commits the aggravated offence of sexual penetration without consent is liable to imprisonment for up to 20 years.

Definition of sexual penetration

Under section 319 of the Criminal Code Act Consolidation Act 1935, sexual penetration is defined as including:

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

Circumstances of aggravation

Sexual penetration without consent is aggravated if the offence takes place under any of the following circumstances:

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

Jurisdiction

Sexual penetration without consent is a strictly indictable offence and is dealt with in the District Court of WA. However, all criminal matters start in the Magistrates Court and a sexual penetration without consent matter will go through several procedural steps before being transferred to the District Court.

Penalty for sexual penetration without consent in WA

A person who is sentenced for sexual penetration without consent in WA will generally receive a term of imprisonment. 

When a court imposes a term of imprisonment, it may set a non-parole period. This is a date when the prisoner becomes eligible to apply for parole.

Seek legal advice if you have been charged with an offence in Western Australia

If you have been charged with sexual offences in WA, seek legal advice from an experienced criminal lawyer as soon as possible. Armstrong Legal will thoroughly review the allegations and your criminal history and advise you on all your options.  

Our solicitors will advise you on:

• The strength of the case against you;
• The likely penalty range;
• Any available defence;
• The court process
• Any evidential issues

Defences to sexual penetration without consent

The only legal defence to a charge of sexual penetration without consent is consent. If the alleged victim consented to sex with the accused, no offence has been committed.

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

• That the alleged offence never occurred
• That the accused was not the person who committed it.

Applying for bail in Western Australia

If you are charged with sexual penetration without consent or with another offence and have been remanded in custody in WA, you may want to apply for bail. Armstrong Legal can advise you on your bail prospects and help you to prepare a bail plan.

In Western Australia, bail applications are governed by the Bail Act 1982.

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

• Come to court
• Endanger a person
• Commit an offence
• Interfere with witnesses
• Obstruct the court of justice.

The court will have regard to the accused person’s prior history, their personal circumstances, the offences they have been charged with, their bail history (if any) and the strength of the prosecution case.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.