If you have been charged with indecent assault offences in Sydney NSW, Australia, it is absolutely vital for you to have a strong criminal defence lawyer by your side – fighting for your legal rights.
LY Lawyers is here to provide you with an unparalleled defence and guide you through the overwhelming legal process in Australia.
On this page, we will talk you through what indecent assault offences entail, the prosecution’s burden of proof, the different types of indecent assault charges (and their associated penalties), your possible defences, and your options in court.
We understand that being accused of indecent assault can be a traumatic experience, turning your life upside down; but the team at LY Lawyers is here to support you through this difficult time.
What is meant by Indecent Assault Offences?
So, what is indecent assault in Australia? Indecent assault offences refer to a range of criminal acts involving non-consensual, unwanted sexual contact or advances.
These offences are taken incredibly seriously in Sydney NSW, Australia, and can have severe consequences.
Indecent assault can occur in a variety of settings, such as private residences, public spaces, or workplaces.
It is important to note that consent is a crucial element in determining whether or not an act constitutes indecent assault.
- (See Indecent assault as outlined by the Judicial Commission of NSW).
- (See SECT 61L Indecent assault – CRIMES ACT 1900)
What does the prosecution set out to prove in indecent assault offence cases?
When prosecuting indecent assault offences, the prosecution must establish certain elements beyond a reasonable doubt. They will aim to prove:
- The accused intentionally touched the victim.
- The touching was non-consensual.
- The touching was of a sexual nature or with a sexual purpose.
- The accused knew or was reckless as to whether the victim was not consenting.
What are the different types of indecent assault offences?
Here are some examples of indecent assault:
- Indecent Assault: Involves the intentional touching of another person without their consent for sexual gratification, arousal, or humiliation.
- Aggravated Indecent Assault: Involves indecent assault with aggravating factors, such as the use of a weapon, causing actual bodily harm, or committing the offence in the company of another person.
- Indecent Assault on a Person with a Cognitive Impairment: Involves indecently assaulting a person who has a cognitive impairment that renders them incapable of giving informed consent.
- Indecent Assault on a Person under 16 years: Involves indecently assaulting a person under the age of 16 years.
- Indecent Assault on a Person under Authority: Involves indecently assaulting a person who is under the authority of the accused, such as an employee, student, or patient.
What are the various penalties associated with indecent assault offences in Sydney, NSW, Australia?
The penalties for indecent assault offences vary significantly depending on the specific charge and circumstances. The court will consider a wide variety of factors, including as the seriousness of the offence itself, the physical and psychological impact on the victim, the accused’s criminal history, and any mitigating or aggravating factors. The potential penalties may include:
- Imprisonment: Depending on the severity of the offence, prison sentences can range from several months to many years in prison.
- Fines: The court may impose substantial financial fines as a penalty for indecent assault offences. The total amount varies based on the circumstances.
- Community Service Orders: In some cases, the court may order the accused to perform community service as an alternative to imprisonment.
- Intensive Correction Orders: Intensive correction orders involve strict supervision and conditions, allowing the offender to serve their sentence in the community.
- Sex Offender Registry: If successfully convicted of certain indecent assault offences, the offender will likely be required to register on the sex offender registry.
- Home Detention: Home Detention involves serving a custodial sentence within the confines of one’s own home under strict supervision.
- Section 12 (Good Suspended Sentence): Section 12 (Good Suspended Sentence) refers to a suspended sentence, which means that the court imposes a custodial sentence but suspends its execution.
- Section 9 (Good Behaviour Bond): Section 9 (Good Behaviour Bond) refers to a court order requiring the offender to be of good behaviour and comply with certain conditions.
- Section 10 Dismissal: Section 10 Dismissal allows the court to dismiss the charges without imposing any penalties or convictions on the offender.
What are your possible defences?
When charged with indecent assault in Australia, there are several possible defences available, including:
- Consent: Demonstrating that the alleged contact was indeed consensual and that both parties willingly engaged in the activity.
- Identification Issues: Challenging the accuracy or reliability of the identification made by the victim or witnesses.
- False Allegations: Providing evidence or circumstances that suggest the allegations were fabricated or motivated by ulterior motives / providing a genuine and verifiable alibi.
- Honest and Reasonable Mistake: Showing that the accused had an honest and reasonable belief that the victim was indeed consenting to the act.
- Lack of Intent: Establishing that there was no intention to commit indecent assault or that the act was accidental.
What are your options in court when faced with indecent assault charges?
When you are faced with indecent assault in Australia, you have several options to choose from in court:
- Pleading Not Guilty: You can maintain your innocence and proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt. If you have sufficient evidence to the contrary, this can be a viable approach.
- Negotiating a Plea Bargain: In some cases, it may be possible to negotiate with the prosecution to reduce the charges or secure a more lenient sentence – particularly if you admit to the allegations and show genuine remorse.
- Seeking Diversion Programs: Depending on the circumstances, you may be eligible to appeal for diversion programs focused on rehabilitation as opposed to punishment.
