Liability - Section 135 Indecent Assault

Question 1

Section and Penalty

Answer 1

S135 CA61

7 Years Imp

Question 2

Elements

Answer 2

• A Person
• Indecently assaults
• Another person

Question 3

R v Leeson

Indecent assault definition

Answer 3

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

Question 4

Indecent Act

Legislation

For the purposes of this Act, one person does an indecent act on another person whether he or she—

Answer 4

S2(1B) CA61

For the purposes of this Act, one person does an indecent act on another person whether he or she—

(a) does an indecent act with or on the other person; or
(b) induces or permits the other person to do an indecent act with or on him or her.

Question 5

R v Court

Answer 5

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

Question 6

Assault

Answer 6

S2 CA61

Assault means the act of intentionally 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 7

Person

Answer 7

Gender neutral, proven by judicial notice or circumstantial evidence

Question 8

Objective test for indecency

Of note only

Answer 8

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to “warrant the sanction of the law.”

Question 9

Belief in Consent

Differs between two offences

Of note only

Answer 9

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.