Indecent assault means committing an act of indecency on or in the presence of another person.
The maximum penalty that can be imposed by the court is 5 years imprisonment.
What the police or the Crown need to prove to establish the offence is:
- That you assaulted the complainant/victim
- That the assault was indecent,
- There was no consent of the complainant/victim
- That you knew the complainant or victim did not consent, or you knew that there was a possibility that the complainant/victim was not consenting but you continued indecently assaulting them, or you did not even think about whether the complainant/victim was consenting or not (in short, you did not care whether they were consenting).
In our experience, indecent assault can be:
- Touching someone’s breasts, the outside of their anus, vagina or penis
- Kissing someone, or even fondling someone’s ears
- Rubbing against another person
Give us a call on (02) 8897 3534 for a free appraisal of your case.