What the law states
Very generally speaking, an act of indecency is an act that would be viewed as against society’s understanding of what is appropriate decent behaviour. Whilst these offences are not generally seen to be as serious as sexual assaults, they are still serious charges with possible imprisonment resulting from a conviction.
Aggravated Acts of Indecency
One may also be charged with aggravated acts of indecency, should any circumstances of aggravation be present whilst committing an act of indecency. For more info on the offence of committing an act of indecency, click here. Circumstances of aggravation include:
(a) the alleged offender is in the company of another person or persons, or
(b) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(c) the alleged victim has a serious physical disability, or
(d) the alleged victim has a cognitive impairment.
Defences
Defences to aggravated acts of indecency include but are not limited to: duress, intoxication (at times) and necessity. The defence of consent is not available to aggravated acts of indecency, nor is it available to the offence of filming an act of indecency or performing an act of indecency on a child below 16 years of age.
Penalties
The maximum penalties for aggravated acts of indecency with any of these circumstances present is again dependent upon the age of the alleged victim:
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7 years imprisonment if the victim was below 10 years of age;
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5 years imprisonment if the victim was below 16 years of age;
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3 years imprisonment if the victim was above 16 years of age.
A further circumstance of aggravation is when an act of indecency is performed on a child or a child is incited to perform an act, and the accused knows that the act is being filmed for the purpose of child pornography (s61O(2A) of the Crimes Act 1900 (NSW)). The maximum penalty for this offence is 10 years imprisonment.
With any offences relating to acts of indecency, any attempt to carry out such acts will incur the same penalty as if the offence was commissioned in its entirety.
How can Prime Lawyers help you?
If you have been charged with committing an act of indecency with aggravating circumstances present, the experienced criminal lawyers at Prime are able to assist you with your matter. They wiill carefully examine your matter and advise you of the best ways to proceed. Should the Police's case against you be weak, we will negotiate with them to drop or alter charges.