Indecent assault is an offence of
aggravated assault
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
in some
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
-based
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s. It is characterised as a
sex crime and has significant overlap with offences referred to as
sexual assault
Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...
.
England and Wales
Indecent assault was a broadly defined offence under sections 14 and 15 of the
Sexual Offences Act 1956
The Sexual Offences Act 1956 (4 & 5 Eliz. 2. c. 69) is an Act of Parliament, Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 ...
. It was replaced, with prospective effect only, by
sexual assault
Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...
under section 3 of the
Sexual Offences Act 2003. A range of acts toward the more severe among those in its ''
actus reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
'' augmented other offences, including
rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
(section 1).
Prosecutions can proceed under sections 14 and 15 of the 1956 act for offences committed before the new law came into force.
The ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'' and ''actus reus'' of the crime are similar to that for
common law assault and/or battery, but with an additional element of "indecent circumstances". These were present if a "reasonable person" would believe the act indecent, whatever the belief of the accused.
Australia
In
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, the offence of indecent assault is punishable under Section 61L of the
Crimes Act 1900.
The ''mens rea'' and ''actus reus'' are the same for the common law offence of assault, the only distinction being that the act committed must have a sexual connotation.
India
In India it is punishable under section 354 of the
Indian Penal Code
The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
. The accused may be punished up to two years' imprisonment and/or a fine.
New Zealand
In New Zealand, indecent assault is punishable under section 135 of the
Crimes Act 1961. It carries a maximum penalty of seven years' imprisonment.
The ''mens rea'' and ''actus reus'' are the same as for common assault, but with the aded element that the assault "occurred in circumstances of indecency in the sense that it would be so regarded by right-thinking members of the community generally", and "the accused intended or appreciated those aspects of the assault, and the surrounding circumstances, which render it indecent".
See also
*
Groping
*
Sexual harassment
Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
References
{{DEFAULTSORT:Indecent assault
Assault
Sex crimes