What is the penalty for Indecent Assault?

What is the penalty for Indecent Assault?

What is Indecent Assault?

Section 61L of the Crimes Act 1900 reads:

Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.

This offence has two parts. First the assault, and secondly that the nature of that assault was indecent.

The prosecution must prove that the person did not consent to the assault.

The assault can be any act that intentionally or recklessly causes a person to apprehend immediate and unlawful violence. The prosecution will have to prove, ‘beyond reasonable doubt’ that you intended to cause that fear or were reckless to the fact.

An injury is caused recklessly if a person realized that some physical harm may possibly be inflicted upon another by their actions yet they went ahead and acted as they did. The prosecution must prove that the accused person foresaw some possibility of inflicting harm or fear and ignores that risk.

What is the meaning of “Indecent”?

An act of indecency is one which a right minded person would consider to be contrary to community standards of decency or something which offends the currently accepted standards of indecency. For example it can include unwanted touching of a person’s breast, bottom or genitals.

If an act of indecency is proven then the prosecution need not prove a separate assault has been committed.

Which court will deal with a charge and how will that effect the penalty for Indecent Assault?

The Offence is a serious Offence and may be dealt with in the Local Court or the District Court.  Depending on the level of seriousness, and the number of offences in total, the prosecution may elect to have the charges dealt with in either the Local Court or the District Court.

What is the penalty for Indecent Assault?

If the matter is heard in the Local Court it is termed a summary disposal and will be prosecuted by NSW Police. In the Local Court the maximum penalty which may be imposed is a gaol term of 2 years and/or a fine of $5500.

The offence is categorized as a ‘Table Two Offence’ this means that the prosecution may elect to have it heard in the District Court. If this election is made a Solicitor of the Office of the Director of Public Prosecutions will act for the prosecution. In the District Court the maximum penalty is a gaol term of 5  years.

If found guilty in the Local Court an offender can expect to be dealt with by receiving a criminal conviction and criminal record and being placed on good behavior bond under section 9 of the Crimes (Sentencing and Procedure) Act 1999. Whilst it is possible that you receive a Section 10 penalty for Indecent Assault, the statistics reveal that only 8% of first offenders who plead guilty to Indecent Assault receive s Section 10.

If the charges are dealt with in the District Court, the penalty for Indecent Assault is much more severe.

In the District Court an offender may receive a criminal conviction and criminal record and receive a gaol term which will be suspended under section 12 of the Crimes (Sentence and Procedure) Act 1999.

For more information on indecent assault, or sexual assault, go to our sexual assault page.

If you have been charged with a sex related offence, it is important that you contact an experienced sexual assault lawyer immediately.

Our solicitors have been very successful in defending charges of sexual assault in the District Court and charges of Indecent Assault in both the Local and District Courts.

Call LY Lawyers on 1300 595 299 for a free consultation.