135 - Indecent Assault

Question 1

What is the Act, Section and Elements for Indecent Assault ?

Answer 1

Crimes Act 1961
Section 135

• Everyone who
• Indecent Assault
• Another person

Question 2

Definition of Elements ?

Answer 2

1. Everyone - Gender neutral, proved by judicial notice and circumstantial evidence
2. Indecent Assault - Offensive to the Public Moral Values
3. Another person - Gender neutral, proves by judicial notice and circumstantial evidence

Question 3

Definition of Assault ?

Answer 3

Intentional application of applying force to the person of another directly or indirectly or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or cause the other to believe on reasonable grounds that he or she has, present ability or effect his or her propose; and to assault has a corresponding meaning

Question 4

What was held in R v Lessen ?

Answer 4

R v Lessen

The definition of indecent assault …. Is an assault accompanied with circumstances of indecency

Question 5

What must prosecution prove ?

Answer 5

• the defender INTENTIONALLY ASSAULTED the complainant
• the CIRCUMSTANCES accompanying the assault were indecent
• the defendant INTENDED the conduct that a reasonable person would find indecent

Question 6

If the issue of consent is raised on the evidence, what are the two further elements Prosecution must prove ?

Answer 6

• Complainant did not consent to the assault AND

* The defendant did not honestly believe the complainant was consenting

Question 7

What was held in R v Norris ?

Answer 7

If a person who is charged able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his belief were unreasonable

Question 8

Is consent a defence to indecent assault ?

Answer 8

Yes in adults however the consent of a young person under 16 is not a defence under sections 132 and 134

Question 9

Section 135 requires proof of …

Answer 9

An assault, although it does not need to be forceful or violent; a gentle caress may suffice

Question 10

What was held in R v Court ?

Answer 10

Indecency; conduct that right thinking people will consider an affront to the sexual modesty of the complainant