Indecent Assault

Question 1

Section, Act, Penalty, Liability and Case Law

Answer 1

Section 135 Crimes Act 1961 - 7 Yrs Imp

1. Everyone who
2. Indecently Assaults
3. Another Person

R v Leeson (Indecent Assault)
R v Court (Indecency)

Question 2

In these cases the prosecution must prove

Answer 2

• 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 3

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

Answer 3

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

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

Question 4

Indecent Incident

Answer 4

Indecent assault cannot be committed accidentally; it must be proved that the defendant intended to act indecently.

So, a man who deliberately pushes a woman and in doing so accidentally rips her top may be guilty of a common assault, but not of an indecent assault..

Question 5

Consent in regards to Indecent Assault

Answer 5

Consent is a defence to indecent assault involving an adult complainant, however the consent of a person under 16 years of age is not a defence under sections 132 and 134.

Question 6

Belief in Consent for 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

Assault

Answer 7

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

Question 8

Assault in relation to Indecency

Answer 8

The assault need not be of an indecent nature provided it is done with the intention of, and for the purpose of, committing sexual violation.