Indecent Assault Case
A client has reported that their child has been arrested for indecent assault in Western Australia and has been released on bail. The authorities are currently arranging a video line-up for a witness involved in the case. The client seeks guidance on navigating this legal situation. This matter falls under the category of criminal law.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential consequences if my child is convicted of indecent assault?
If convicted of indecent assault under relevant legislation, your child may face various consequences depending on the specifics of the offence, the age of the victim, and any prior convictions. Possible penalties include a custodial sentence, community service, or fines. Importantly, if convicted, your child might be subject to registration requirements affecting future employment and travel. Additionally, there could be court-imposed orders limiting specific activities.
How does the process of a video line-up work, and what implications could it have on my child's case?
A video line-up, or video identification parade, is a procedure where a witness views footage featuring multiple individuals, including the suspect, to identify them. This approach is part of the identification process stipulated by law. Identification by the witness could bolster the prosecution's case, but the defence can challenge the fairness of the process, particularly if any discrepancies arise. It is essential to uphold the rights of the suspect throughout this process.
What steps should my child take to prepare for their defence against the charges of indecent assault?
Your child should seek a solicitor with expertise in criminal law, particularly concerning indecent assault cases. Gathering any supporting evidence, such as alibis or character references, is vital. It is also advisable not to discuss the case details with anyone besides the solicitor. Creating a timeline of events to share with their solicitor can aid in building a strong defence. Your child should attend all court dates and police interviews, and be aware of their legal rights.
What role will the witness play in the trial, and how might their testimony impact the outcome of my child's case?
The witness will play a vital role in the trial, providing testimony regarding the alleged indecent assault which could significantly influence the case's outcome. If the witness identifies your child during the video line-up, it would strengthen the prosecution’s case. The credibility and reliability of the witness will be scrutinized, which could sway the jury or judge's perception of the evidence presented.
