Indecent Assault

The Law 

Section 61L of the Crimes Act states:

1. 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.

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Maximum penalty 

The maximum penalty for the offence of Indecent Assault is 5 years imprisonment.

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What the police must prove

 

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused assaulted another person.
2. At the time of, or immediately before or after the assault, the accused committed an act of indecency on or in the presence of the other person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

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Possible defences 

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence

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What court is likely to hear the matter 

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.