3. Indecent Assault and Other Offences

Question 1

What is the legislation for s135, Indecent Assault?

Answer 1

Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person.

Question 2

What is the case law regarding indecent assault?

Answer 2

The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency.
(R v Leeson)

Question 3

What must be proved for indecent assault?

Answer 3

•The defendant intentionally assaulted the complainant
•The circumstances accompanying the assault were indecent
•The defendant intended the conduct that a reasonable person would find indecent
If the issue of consent is raised on the evidence the prosecution must prove beyond reasonable doubt a further two elements:
•The complainant did not consent to the assault; and
•The defendant did not honestly believe the complainant was consenting.

Question 4

What does s129A create an offence for?

Answer 4

Sexual conduct with consent induced by certain threats - it creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force.

Question 5

What is the legislation for s130, Incest?

Answer 5

1. Sexual connection is incest if-
   a. It is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild and
   b. The person charged knows of the relationship.
2. Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.

Question 6

What are regarded as relationships in incest?

Answer 6

• parent and child
• siblings
• half siblings
• grandparent and grandchid

Question 7

What is held in adopted relationships vs step relationships?

Answer 7

Where a child has been adopted, both the birth and adoptive parents are regarded as parents.
A step-parent is not regarded as a parent for this offences purpose.

Question 8

What must be held for incest to have occurred?

Answer 8

• met relationship criteria
• each person was aware of their relationship
• aged 16 or over

Question 9

What are key components of s131, Sexual conduct with a dependant family member?

Answer 9

• sexual connection, attempted sexual connection, or indecent act occurred.
• offender had a position of power or authority over the victim and a significant role or responsibility for their care or upbringing.
• the victim is a dependant family member and is under 18.

Question 10

What are the three actions possible for meeting a YP for grooming?

Answer 10

Actions:

• intentionally meets the YP
• travels with intention of meeting YP
• arranges or persuades YP to travel to meet them.

Question 11

When is the offence for meeting a YP for grooming complete?

Answer 11

When the parties meet, or the defendant travels or makes arrangement to meet the complainant with the relevant intent.

Question 12

When is the act of bestiality complete?

Answer 12

Upon penetration

Question 13

What is held regarding the consent of the Attorney General for s144A?

Answer 13

No charging document can be filed for this without their consent. However, can arrest and remand on custody or bail without consent.

Question 14

What are the elements for indecent assault?

Answer 14

• everyone
• indecently assaults
• another person