What the law states
An assault that has the additional element of the offender committing an act of indecency upon or in the presence of the victim is referred to as indecent assault.
Section 61L of the Crimes Act 1900 (NSW) indicates that an indecent assault entails the assault of a person and, at the time of or immediately before or after the assault, a person commits an act of indecency on or in the presence of the person they assaulted.
In order to be an indecent assault, the assault must have a sexual connotation. The sexual connotation may derive directly from the area of the body of the girl to which the assault is directed, or it may arise because the assailant uses the area of his body which would give rise to a sexual connotation in the carrying out of the assaults (Harkin (1989)).
Defences
Defences to the offence of indecent assault include but are not limited to: duress and self-defence.
Penalties
This offence is generally not seen as serious as sexual assault, although it still carries a maximum prison term of 5 years. Any attempt to commit indecent assault will result in the same penalty as that provided for the commission of the offence.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with indecent assault or aggravated indecent assault, it is important to gain legal advice. Our experienced criminal lawyers at Prime Lawyers will review the facts of your case and ensure that allegations are consistent with the facts. Should you choose to plea not guilty, our criminal lawyers will discuss any possible defences and guide you through the legal process, working to achieve the best outcome for you.