What is the legal definition of indecent assault?
Indecent assault offence is generally defined as “unwanted sexual contact” but does not extend to sexual assault or rape. Anything physical that could be construed in a sexual way and has been undertaken without the victim’s consent could be considered indecent assault.
What is an example of indecent assault?
Examples of indecent assault and battery include the touching of a victim’s private parts, either clothed or unclothed. It also applies to other body parts that society would believe are inappropriate to touch without consent.
What is indecent assault in South Africa?
A person is guilty of the offence of indecent assault if he or she – (1) unlawfully and intentionally commits an indecent act with another person under coercive circumstances, under false pretences or by fraudulent means or where such other person is incapable in law of appreciating the nature of such an act; or.
What is indecent assault Ireland?
There is no statutory definition. The offence consists of an assault accompanied by circumstances which are objectively indecent. Consent is a defence if the complainant is 15 or over but not if the complainant is under 15. The offence is gender neutral.
Is indecent assault a crime?
The basic offence is created by s 61L of the Crimes Act 1900, which provides: Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.
What is indecent assault in NSW?
Indecent assault occurs where one person touches another person in a sexual manner without the other person’s consent. The maximum penalty for the offence is 5 years in prison if the case proceeds to the District Court, or 2 years if it remains in the Local Court.
What is serious indecency?
(3) An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.
What is the sentence for assault in South Africa?
The maximum penalty for a basic assault is two years imprisonment. For an aggravated offence, the maximum penalty is three years imprisonment.
How does Sentencing work in Ireland?
In Ireland it is always a judge (or a panel of judges in the case of the Special Criminal Court or the Court of Appeal) who decides the sentence. In a jury trial the jury’s role is to decide whether you are guilty or not guilty. They have no role in sentencing you.
What is an act of indecency?
Acts of indecency are defined as any act that right-minded individuals would find socially unacceptable and irresponsible. Acts of indecency are also different to the more serious charge of indecent assault, whereby acts of indecency are characters as any offensive actions.
What is indecent assault in Australia?
Indecent assault is an assault against another person that has occurred in indecent circumstances, where it is established, that the accused person was aware or did not give any thought to the fact, that there was a lack of consent.