Indecent Assault

A person who indecently assaults another is guilty of an offence. Indecent assault is defined as an assault where a person intentionally applies force directly or indirectly to the victim, or where they intentionally make physical contact directly or indirectly with the victim, knowing that the victim might reasonably object to that contact in the circumstances.

The indecent aspect refers to an assault accompanied by circumstances of indecency requiring, ordinarily, an element of sexual lewdness – often referred to as a sexual connotation.

It is an objective test as to what constitutes indecency. Indecency is what an ordinary person would find sexual, shocking, disgusting or revolting.

The offence of indecent assault will be seen as aggravated if the victim at the time was under the age of 14 years. 

The maximum penalty for a basic offence, one that is not aggravated, is 8 years imprisonment.

The maximum penalty for an aggravated offence, one being with a person under the age of 14, is 10 years imprisonment.

It may be a defence to the charge if you can show:

• There was a lack of intent; or
• That you had consent

Consent will not be a defence if the victim was under the age of 16 years. If the victim was between 16-17, consent can be a defence – if you believed on reasonable grounds that the victim was over 17 years of age.

The prosecution must prove that you:

• Knew that the victim was not consenting or were recklessly indifferent as to the consent;
• Intended to assault the victim.

If the victim at the time is under the age of 14 years then it is unnecessary for the prosecution to establish that you knew of or were reckless as to the aggravating factor.

This offence can be heard in the District Court and the Magistrates Court.