INDECENT ASSAULT

Question 1

Legislation

Answer 1

Indecent Assault
Crimes Act 1961, Section 135
1. Everyone
2. Indecently Assaults
3. Another person

Question 2

What must be proven in an Indecent Assault?

Answer 2

• The defendant intentionally assaulted the complainant
• The circumstances around the assault was indecent
• The defendant intended the conduct that a reasonable person would find indecent.

Question 3

If there is an issue of consent raised what must the prosecution further prove beyond doubt:

Answer 3

• The complainant did not consent to the assault; AND

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

Question 4

R v LEESON - indecent assault

Answer 4

“The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…”

Question 5

Indecent Intent:

Answer 5

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

Question 6

Intent - R v COLLISTER

Answer 6

The defendant’s intentions can be inferred from the circumstances:

• The defendant’s words or actions before, during or after the event.
• The surrounding circumstances.
• The nature of the act.

Question 7

Assault -

Answer 7

means the act of 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

R v COURT - Indecency

Answer 8

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)”

Question 9

maters constituting CONSENT in Indecent Assault

Answer 9

Consent is a defence to indecent assault involving an adult complaint, however the consent of a person under
16yrs of age is not a defence under 132 & 134.
As with sexual violation the presence or absence of consent is an objective test from the complainant’s point of view
and the provisions of 128A (matters that do not constitute consent) apply.

Question 10

BELIEF IN CONSENT

The difference between Sexual Violation & Indecent Assault

Answer 10

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.