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HomeCriminal OffencesIndecent Assault

Indecent Assault

Indecent assault means committing an act of indecency on or in the presence of another person.

The maximum penalty that can be imposed by the court is 5 years imprisonment.

What the police or the Crown need to prove to establish the offence is:

  • That you assaulted the complainant/victim
  • That the assault was indecent
  • There was no consent of the complainant/victim
  • That you knew the complainant or victim did not consent, or you knew that there was a possibility that the complainant/victim was not consenting but you continued indecently assaulting them, or you did not even think about whether the complainant/victim was consenting or not (in short, you did not care whether they were consenting).

In our experience, indecent assault can be:

  • Touching someone's breasts, the outside of their anus, vagina or penis
  • Kissing someone, or even fondling someone's ears
  • Rubbing against another person

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