Indecent Assault

Question 1

Act and Section

Answer 1

Section 135 CA 1961

Question 2

Elements

Answer 2

• Indecently assaults

- Another person

Question 3

R v LEESON

Answer 3

The definition of indecent assault is an assault accompanied with circumstances of indecency.

Question 4

The prosecution must prove:

Answer 4

• 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 5

If the issue of consent is raised, the prosecution at prove beyond reasonable doubt that:

Answer 5

• The complainant did not consent to the assault and

- The defendant did not honestly believe the complainant was consenting

Question 6

R V COURT

Answer 6

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 7

Indecent assaults may include:

Answer 7

A gentle caress may suffice, also attempts to apply force and threats by act or gesture to apply force in circumstances of indecency.

Question 8

Indecent Assault intent

Answer 8

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

Question 9

Consent

Answer 9

Consent is a defence to indecent assault involving an adult complaint however the consent of a person under 16 years is not a defence.

An honest belief in consent is sufficient even if it is not reasonable.