Indecent Act

Question 1

What are the ingredients for Indecent Assault

Answer 1

• A Person
• Indecently Assaults
• Another Person

Question 2

Term of Imprisonment for Indecent Assault

Answer 2

7 years

Question 3

Definition for Indecent Assault (must prove)

Answer 3

Prosecution must prove:

a) the defendant intentionally assaulted the complainant
AND
b) the circumstances accompanying the assault were indecent
AND
c) the defendant intended the conduct that a reasonable person would find indecent

IF ISSUE OF CONSENT RAISED - Prosecution must further prove beyond reasonable doubt

a) the complainant did not consent to the assault
AND
b) the defendant did not honestly believe the complainant was consenting.

Question 4

R v LEESON

Answer 4

“The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…”

Question 5

Assault

Answer 5

Assault Definition:
Intentionally applying or attempting to apply force to the person of another, directly or indirectly or threatening by any act or gesture to apply force to the person of another, if the person making the threat has or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.

Question 6

Assault (in relation to Indecent Assault)

Answer 6

Section 135 requires proof of assault, caress may suffice.
Includes attempts to apply force and threats by act or gesture to apply force in circumstances of indecency.

Indecent assault cannot be committed accidentally. Must be proved that the defendant intended to act indecently.

Question 7

Person

Answer 7

Gender Neutral can be either male or female.

Person is generally accepted by Judicial notice or proved by circumstantial evidence.