What is an Indecent Act?
An indecent act is one which right-minded persons would consider to be contrary to community standards of decency. It is unnecessary for the prosecution to prove that there was sexual gratification. An example of this is when you touch a female’s breast without her consent.
This offence is found under s61L of the Crimes Act 1900 NSW.
In order to be found guilty of indecent assault, the prosecution must prove beyond reasonable doubt:
- That you assaulted the victim; and
- That the assault was accompanied by an act of indecency on or in the presence of the victim which occurred before, after or at the time of the assault.
Defences For Indecent Assault
- Necessity; and
- Self Defence
Upon conviction in the Local Court, the maximum penalty is 2 years imprisonment and/or a fine of $5,500.
Upon conviction in the District Court, the maximum penalty is 5 years imprisonment.
If you are charged with a indecent assault, contact Benjamin & Leonardo Criminal Defence Lawyers for precise and honest legal advice. Your first conference is free.