Indecent Assault

Question 1

Indecent Assault

Sec 135 Crimes Act 1961

Answer 1

Everyone who

Indecently Assaults

Another Person

Question 2

R v Leeson

Answer 2

“The definition of indecent assault;

An assault

Accompanied with

Circumstances of Indecency”

Question 3

Indecency

Answer 3

An act that has sexual connotations

And

Involves conduct directed at a person that is offensive to moral values

Question 4

R v Court

Answer 4

Indecency means:

Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

Question 5

R v Dunn

Answer 5

The objective test for indecency:

Indecency must be judged in light of the

Time, place, circumstances.

It must be more than trifling and

Be sufficient to warrant the sanction of the law

Question 6

Proving Indecent Assault

Answer 6

1. The act was intentional
2. The circumstances Accompanying the assault were indecent
3. A reasonable person would find the intended conduct indecent

If consent is raised;

4. Complainant did not consent
5. Defendnat did not honestly believe there was consent

Question 7

R v Norris

Answer 7

Held if a person is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of this belief were unreasonable

Unlike sexual violantion, there is no requirement for an objective test “would a reasonable person have thought there was consent?”