Indecent Assault

Question 1

** EXAM ** - Indecent assault - legislation

Answer 1

Indecent Assault
Section 135 CA 1961 - 7 years imprisonment

everyone who
indecently assaults
another person

Question 2

** EXAM ** - Indecent assault definition - case law

Answer 2

R v Leeson

The definition of ’indecent assault’ is an assault accompanied with circumstances of indecency.

Question 3

** EXAM ** - What must the prosecution prove?

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

Question 4

If an issue of consent is raised what further two elements need to be proven by prosecution beyond reasonable doubt?

Answer 4

• the complainant did not consent to the assault; and

* the defendant did not honestly believe the complainant was consenting

Question 5

Assault

Answer 5

Section 135 requires proof of an assault, although it does not need to be forceful or violent; a gentle caress may suffice.

Question 6

Honest belief in consent - sexual violation vs indecent assault

Answer 6

With sexual violation, an honest belief in consent is not sufficient unless there are reasonable grounds for that belief; with indecent assault, an honest belief alone is sufficient even if not reasonable.

Question 7

What is the objective test for indecency? - Case Law (nice to know)

Answer 7

R v Dunn

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.