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Indecent assault

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Written by
Shaun Pascoe
Criminal Defence Lawyer


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Sexual Offences - VIC
The Law - Indecent assault

What the Law states - Indecent assault


Crimes Act 1958 - SECT 39

Indecent assault

39. 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.
Appeal Indecent assault Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne