Indecent Assault is committed by any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.
This is aggravated by such factors as the inflicting or threatening to inflict bodily harm on the victim, the victim’s age, the physical and intellectual state of the victim and the authority over the victim. It carries a sentence of imprisonment up to 20 years.
The assault does not have to be 'hostile'. If there has been no physical touching, the action of the accused must cause a reasonable apprehension of physical violence: Fitzgerald v Kennard (1995) 84 A Crim R 333.
The test of indecency is whether right minded persons would consider the act to be contrary to community standards of decency: Harkin, McIntosh (1994) PD [390]. If you have touched the person on the body where there is no sexual connotation (e.g. genitals or breasts), there must be evidence of an indecent intention: Harkin (1989) 38 A Crim R 296.
If you have been charged with a indecent assault call the Criminal Law Centre. We have extensive experience in these matters and are dedicated to providing the best legal advice 24/7. Call us on (02) 9891 4200. We are on your side.
