Indecent Assault Flashcards Preview

CIB 007 - Sexual Offences > Indecent Assault > Flashcards

Flashcards in Indecent Assault Deck (9)
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1

Section and Penalty

S135 CA61

7 Years Imp

2

Elements

- A Person
- Indecently assaults
- Another person

3

R v Leeson

Indecent assault definition

“The definition of ’indecent assault’ ... is an assault accompanied with circumstances of indecency ...”

4

Indecent Act

Legislation

For the purposes of this Act, one person does an indecent act on another person whether he or she—

S2(1B) CA61

For the purposes of this Act, one person does an indecent act on another person whether he or she—

(a) does an indecent act with or on the other person; or

(b) induces or permits the other person to do an indecent act with or on him or her.

5

R v Court

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.

6

Assault

S2 CA61

Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose

7

Person

Gender neutral, proven by judicial notice or circumstantial evidence

8

Objective test for indecency

Of note only

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to “warrant the sanction of the law.”

9

Belief in Consent

Differs between two offences

Of note only

With sexual violation, an honest belief in consent is not sufficient unless there are reasonable grounds for that belief; with indecent assault, an honest belief alone is sufficient even if not reasonable.