Indecent Assault Flashcards
R v leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency
What three things must crown prove indecent assault
1) defendant intentionally assaulted complainant
2) circumstances accompanying the assault were indecent
3) defendant intended to act where a reasonable person would find indecent
Define what constitutes intent in relation to indecent assault
Indecent assault can’t be committed accidentally it must be proven they intended to do it
Eg man rips top as he falls will not be indecent assault
It must be done intentionally that’s an affront to persons sexual modesty
R v court in relation to what must be proven in indecent assault
On a charge of indecent assault the pros must not only prove the defendant intended to assault victim but that in doing so he intended to commit an indecent assault ie an assault which right minded persons would think was indecent
What’s the standard of proof of force of assault for s135
Proof of assault tho not need to be forceful or violent a gentle caress may suffice
Given this wide description it could include attempts to apply force and threats by act or gesture to apply force in circumstances of indecency
Discuss consent
Consent can be a defense in adult complaint but it’s not a defense under s132 (5) under 12yrs
S134 consent can be a defense therefore the likely charge for sexual connection with 12 to16yrs is s134
What’s the diff between belief in consent in sexual v and indecent assault
With sexual v an honest belief in consent is not sufficient unless RG for the belief
With indecent assault an honest belief alone is sufficient even if not reasonable
Discuss if a 16 yr girl can be charged with having consensual sex with a 14 yr boy
Yes the girl can be charged as offence of sexual conduct child under 16 s134
Define s135
Everyone is liable to I 7 yrs who indecently assaults another person
