Indecent Assault

Question 1

Indecent Assault Liability

Answer 1

Indecent Assault
Section 135, Crimes Act 1961
•	A person
•	Indecently assaults
•	Another person

Question 2

Indecent assault case law

Answer 2

R v Leeson (1968) 52 Cr App R 185 (CA)

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

Question 3

What must prosecutor prove for indecent assault

Answer 3

In these cases the prosecution must prove that:
• 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 4

Can indecent assault be accidental?

Answer 4

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

Indecent assaults will generally be sexually motivated, but not always.

Question 5

Belief in Consent Indecent assaults

Answer 5

With an indecent assault an honest belief alone is sufficient even if not reasonable.