What is indecent assault NSW?

Indecent assault is touching (or the threat to to touch) a person’s body in a sexual manner without consent by another person. For example it can include unwanted touching of a person’s breast, bottom or genitals.

What is an example of indecent assault?

Rubbing against someone for sexual gratification. Groping someone for sexual gratification. Touching an individual on any part of their body in a sexual manner.

What is the sentence for indecent assault?

The maximum indecent assault sentence is ten years in prison, although if the assault was against a victim under 13 then this increases to fourteen years custody. Assault by penetration is potentially punishable by a life sentence.

What is the maximum penalty when found guilty of indecent assault in NSW?

5 years imprisonment
Indecent assault carries a maximum penalty of 5 years imprisonment if the case is committed up to the District Court, or 2 years where it remains in the Local Court.

What are the elements of indecent assault?

What are the elements of indecent assault?

  • The accused assaulted another person (the force used need not be violent, and can be as slight as a mere touch (Collins v Wilcock [1984]1 WLR 1172)
  • The assault was intentional and without lawful justification.
  • The accused did so in indecent circumstances.
  • The accused was aware.

What is the difference between assault and indecent assault?

The major differentiation between an indecent act and assault is the physical contact between the offender and the victim. As there is a lack of touching of another person when committing an indecent act, it cannot be considered to be an assault.

Can you go to jail for inappropriate touching?

Sexual touching is an offence under section 61KC of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for five years. This offence was introduced in 2018 and largely replaced the older offence of Indecent Assault.

What is aggravated indecent assault Australia?

Aggravated Indecent assault is assault in circumstances of indecency which is aggravated because it is done in the company of another person or persons, the victim is under the authority of the alleged offender, or the victim has a serious physical disability or cognitive impairment.

Is indecent assault a serious crime?

Penalties. The maximum penalty for indecent assault is five years imprisonment. In circumstances of aggravation it is seven years imprisonment, and 10 years imprisonment if the victim was under the age of 16. If the offence remains in the Local Court, then the maximum penalty is two years imprisonment.

What is serious indecency?

(3) An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.

What is inappropriate touching called?

Unwanted touching such as groping and touching of private parts is considered child sexual abuse. Additionally, being subjected to pornography or forced to take nude photographs is child sexual abuse, as is oral and anal sex.

What are the penalties for indecent assault in NSW?

The Law and Penalties for Indecent Assault Charges in NSW. In December 2018 in NSW, the offence of Indecent Assault was replaced with the new offence of ‘Sexual Touching’. A person who was guilty of indecent assault would face a penalty of up to five years imprisonment under section 61L of the Crimes Act 1900 (NSW).

Which is an example of an indecent assault?

Indecent assault is touching (or the threat to to touch) a person’s body in a sexual manner without consent by another person. For example it can include unwanted touching of a person’s breast, bottom or genitals.

When is consent not a defence for indecent assault?

The assault was committed without [the complainant’s] consent [ Note: The common law definition of consent applies to indecent assault. The statutory definition of consent in s 61HA does not extend to s 61L: see s 61HA (1). Consent is not a defence when the complainant is a child under 16 years: s 77.

What happens if you commit an act of indecency in NSW?

If you are found guilty of committing an act of indecency you may be liable for up to two years imprisonment. If you are facing any sexual charges such as indecent assault in NSW it is essential to seek legal help from an experienced criminal lawyer.