Indecent Assault Flashcards
Indecent Assault
Section, Act, Elements
Indecent Assault
Section 135 Crimes Act 1961
1) A person
2) indecently assaults
3) a person
Define an Indecent Act
An act accompanied by circumstances of indecency
Define Assault
Assault – as per sec 2 CA 1961 – The act of applying or attempting to apply force to the person of another.
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such 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
What does R v Court say about Indecency
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
Define indecent assault with case law (R v Leeson)
‘The definition of ‘indecent assault’ … is an assault accompanied with
circumstances of indecency
What is the objective test for indecency (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.
What must the crown prove in relation to indecent assault
In these cases the prosecution must prove that:
* 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 consent is raised as an issue, what else must the prosecution prove
- the complainant did not consent to the assault; and
- the defendant did not honestly believe the complainant was consenting
Is consent a defence for indecent assault
Consent is a defence if the complainant is an adult.
However, it is not a defence if the complainant is under 16.
See section 134(3) (Indecent act on a young person) and 132(3) (indecent act on a child)
