Indecent Assault Flashcards
Indecent Assault
Section 135 Crimes Act 1961
Penalty
7 years
Elements
- Everyone who
- Indecently assaults
- Another person
Person
Gender Neutral. Proven by judicial note or circumstantially.
R v Leeson
The definition of “indecent assault” is an assault accompanied with circumstances of indecency.
Indecency – R v Court
Indecency means “conduct that right thinking people will consider an affront to the sexual modest of the complainant”
Assault
Assaults 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 and to assault has a corresponding meaning.
Section 2, Crimes Act 1961