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Indecent assault
Indecent assault
Sexual Offences - VIC
The Law - Indecent assault
What the Law states - Indecent assault
Crimes Act 1958 - SECT 39
Indecent assault39. Indecent assault
(1) A person must not commit indecent assault.
(2) A person commits indecent assault if he or she assaults another person in indecent circumstances-
(a) while being aware that the person is not consenting or might not be consenting; or
(b) while not giving any thought to whether the person is not consenting or might not be consenting.
Maximum Penalty in Victoria
10 years maximum.
What the Prosecution must prove - Indecent assault - Vic
(a) The accused intentionally and without consent indecently assaulted another person.
Possible Defences - Indecent assault
(a) Assault was not indecent.
(b) Factual dispute.
(c) Identification dispute.
(d) Lack of intent.
Which court will hear the charge of Indecent assault
Sometimes in the Magistrates' Court. Generally in the County Court.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
