On this page:
- What Makes an Assault Indecent?
- What are the Potential Penalties for Indecent Assault?
- Arrested of a Suspect for Indecent Assault?
What Makes an Assault Indecent?
The act of indecency accompanies the assault – either immediately before, at the time of, or immediately after the act of assault. ’Indecency’ involves sexual connotation such as touching the breasts, genital areas etc. but falls short of sexual assault which involves penetration.
What are the Potential Penalties for Indecent Assault?
Indecent Assault can be prosecuted in the Local Court or in the District Court. Both the prosecution and the defence have the right to elect for the matter to be dealt with in the District Court. Normally the severity of the allegation and the criminal record, if any, of the accused will determine whether such election is made by the prosecution.
The penalties include up to 10 years imprisonment. Standard non-parole periods apply to this type of offence. If a person is found guilty at trial of this offence, the legislation provides a ‘guide’ of 5 years imprisonment. Imprisonment for up to 2 years is the potential penalty upon conviction in the Local Court.
Defending indecent assault allegations requires meticulous attention to detail and preparation which means that an accredited specialist in criminal law is the ideal lawyer to take charge of the matter. If you have been charged with indecent assault, contact one of our accredited criminal specialists immediately.
Arrested or A Suspect for Indecent Assault?
We can advise you so that you can decide whether to take part in an interview or answer any questions and to know what your rights are. You have a right to silence. You have a right to speak with a lawyer.
Typical advice upon arrest for this type of matter would be not to take part in an interview without legal advice or to answer police questioning – similarly if you are under suspicion you really should seek advice as a matter of urgency.
You may find that Police want to conduct a forensic procedure, if you are a suspect in custody. This could involve taking a buccal swab or some other procedure. You should obtain advice and the police must afford you the opportunity of seeking advice.