Law Information - Sexual Offences - SA

Indecent Assault

Date: 09/01/2009

The Law -

An assault is any kind of touching (or threat of touching) without a person's genuine consent. What is and what is not indecent is a matter of fact for the jury. It is a complex legal question as to whether an assault becomes indecent where the victim is unaware of the indecent aspects or motive of the assault, for example, when the victim believes that the assault is a legitimate medical procedure.

  
Consent cannot be given by a person under the age of 17 years or by a person under the age of 18 years in a case in which the accused is the guardian or teacher of the alleged victim. This law applies to both males and females. However, when the victim is between 16 and 17 years, consent can be a defence for an accused who was under the age of 17 years. Consent can also be a defence if the accused can prove, on the balance of probability, that he or she believed on reasonable grounds that the victim was 17 years of age or over [Criminal Law Consolidation Act 1935 s.57].

The Maximum Penalty for Indecent Assault

The maximum penalty for indecent assault is eight years imprisonment or, where the victim is under 12 years of age, ten years [Criminal Law Consolidation Act 1935 s.56].

What the prosecution must prove - Indecent Assault

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Possible Defences - Indecent Assault

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The Court process - Indecent Assault

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