Indecent Assault

Question 1

R v Leeson (indecent assault definition)

Answer 1

“The definiton of indecent assault … is assault accompanied by circumstances of indecency”

Question 2

What must the prosecution prove?

Answer 2

1. the defendant intentionally assaulted the complainant
2. the circumstances accompanying the assault were indecent
3. the defendant intended the conduct that a reasonable person would find indecent

Question 3

If the issue of consent is raised on the evidence, what further two elements must the prosecution prove beyond a reasonable doubt?

Answer 3

1. the complainant did not consent to the assault, and

2. the defendant did not honestly believe that the complainant was consenting

Question 4

Indecent intent

Answer 4

It must be proved that the defendant intended to act indecently

Question 5

How to satisfy the assault element for this charge:

Answer 5

• requires proof of an assault
• the assault does not need to be forceful or violent
• given the wide meaning of assault, indecent assaults may include attempts to apply force by act or gesture or to apply force in circumstances of indecency

Question 6

R v Norris (belief in consent)

Answer 6

if a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting they are entitled to be acquitted even though the grounds of belief were unreasonable

Question 7

Difference between belief in consent for sexual violation and indecent assault

Answer 7

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 it is not reasonable