Indecent assault occurs when one person touches another person in a manner without their consent or permission. Attorney Abbas stated that “Because there is a lot of very specific terminology surrounding offenses it is easy to get confused especially in respect of indecent assault and an act of indecency. In respect of indecent assault it includes being touched by another person in a manner without your consent or permission but does not necessarily have to be physical so it can include threats and intimidation of such actions. With regards to an act of indecency, the action has to have connotations present and does not necessarily need to be performed on a victim but can happen in front of the victim.”

If an individual has been charged with indecent assault there are a number of things that the prosecution needs to prove for a guilty finding to be made. The prosecution must prove the following:

That an assault to place - the attorney further stated that, “in order for an action to constitute an indecent assault, it does not necessarily have to cause the complainant any physical pain or suffering. There are some cases whereby it is not even necessary to show that physical contact took place, in fact, the defendant’s actions constitute assault if the complainant anticipated some form of immediate and personal violence even though the defendant did not actually touch them.”

The assault was indecent - the definition of your actions as being indecent will depend on the ‘ordinary standards of respectable people in the community’. Therefore, in order to determine whether or not your actions were indecent, this will depend on the facts and circumstances of your case including the ages of the people involved, the relationship that existed between them and the nature of the act itself.

There was no consent - the prosecution must prove that the victim did not consent to the assault and that they did not give conscious and voluntary permission for you to touch them.

You knew that no consent was given or was reckless as to whether consent was given - the prosecution will need to prove that you knew the victim did not consent to your actions but acted all the same or you were reckless as to whether or not consent was given.

The associated penalties in respect of indecent assault charges in NSW carries a maximum penalty of five years imprisonment. However, this penalty is the maximum penalty and will only be applied in the most serious of cases.

Being charged with indecent assault can have a lasting effect on the person charged and their loved ones, however, with a specialist defense lawyer on your side they will fight for you every step of the way.

About the company:

ETB Legal is a law firm that specializes in criminal law and dedicates its time and efforts to work at having any common assault in NSW charges dropped in behalf of their clients. For legal advice and representation contact ETB Legal today.