135 INDECENT ASSAULT

Question 1

Indecent Assault
ASPE

Answer 1

CA61 s135
Indecent Assault
7 years

Indecently
Assaults
Another person

Question 2

What is the case law for Indecent Assault?

Answer 2

R v Leeson

Question 3

Indecent Assault:

What must the prosecution prove?
(3 things to prove, and two more if the issue of consent is raised by the defence)

Answer 3

(1) Intentionally assaulted the complainant
(2) Circumstances accompanying the assault were indecent
(3) Intended conduct was such that a reasonable person would find it indecent.

Plus prove:
(i) The complainant did not consent
(ii) The defendant did not honestly believe the complainant was consenting.

Question 4

Indecent Assault:
Is consent a defence when the complainant is an adult?

Answer 4

Yes

Question 5

Indecent Assault:
Is consent a defence if the complainant is under 16?

Answer 5

No

Question 6

Indecent Assault:

Is an honest belief in consent sufficient for a defence, even if the the belief is not based on reasonable grounds? What case law held this?

Is this also the case for Sexual Violation?

Answer 6

Yes. It is sufficient for a defence. R v Norris held if an honest belief was held, they are entitled to be acquitted.

No. There must also exist reasonable grounds for that belief.