Indecent Assault - s135 Flashcards
Indecent Assault
- s135 CA 1961
- 7yrs
- Everyone who
- Indecently assaults
- Another person
Everyone who
Gender neutral. Proven by judicial notice or circumstantial evidence.
Indecent Assault - LEESON
The definition of indecent assault… is an assault accompanied by
circumstances of indecency.
Indecency - COURT
Indecency means conduct that right-thinking people would find an affront to the sexual modesty of the complainant.
Indecency - DUNN
Indecency must be judged in the light of the time / place / circumstances.
Assault
As per s2 CA 1961 -
The act of applying or attempting to apply force to the person of another.
Must be proven in Court
- The defendant intentionally assaulted the victim
- The circumstances accompanying the assault were indecent
- The defendant intended the conduct that a reasonable person would find indecent.
Another person
Gender neutral, proven by judicial notice or circumstantial evidence.
*Victim will be 16 or over, otherwise it’s a s132(3) or s134(3) offence.