What is indecent assault on a minor?
(2) A person commits indecent assault if he or she assaults another person in indecent circumstances – (a) while being aware that the person is not or might not be consenting; or. (b) while not giving any thought to whether the person is not consenting or might not be consenting.
What is the sentence for indecent assault?
The maximum indecent assault sentence is ten years in prison, although if the assault was against a victim under 13 then this increases to fourteen years custody. Assault by penetration is potentially punishable by a life sentence.
What are examples of indecent assault?
What Is Considered Indecent Assault?
- Rubbing against someone for sexual gratification.
- Groping someone for sexual gratification.
- Touching an individual on any part of their body in a sexual manner.
Is indecent assault considered a violent crime?
In a violent crime, a victim is harmed by or threatened with violence. Violent crimes include rape and sexual assault, robbery, assault and murder.
What is the sentence for possession of indecent images?
The indecent images offences have a statutory maximum of five years’ imprisonment for possession of images and 10 years’ imprisonment for the distribution, taking or making of such images. Sentences passed for an offence cannot be higher than the statutory maximum.
Is indecent assault a serious offence?
Sexual Touching (previously known as Indecent Assault) is an offence that the police often charge with other more serious sex offences. If you intend to plead guilty, we often have Sexual Touching / Indecent assault charges dismissed without convictions being recorded.
Is indecent assault a criminal offence?
Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault.
What can you be charged with for groping?
Sexual Touching is an offence in NSW under section 61KC of the Crimes Act. The sexual touching offence has replaced the previous offence of Indecent Assault as of 1 December 2018. The offence carries a maximum penalty of 5 years full time imprisonment. This carries a maximum penalty of 7 Years.
When did the maximum sentence for indecent assault change?
For example, sentencing for the offence of indecent assault on an underage girl has undergone several changes to sentence levels over the years. Between 1957 and 1960 the maximum was two years’ imprisonment. It then changed in 1961 to a maximum of five years if the victim was under 13 years old,…
What happens if you are convicted of indecent assault?
Duncan Lewis also advises on cases of indecent assault involving domestic violence, child abuse or young offenders. Those convicted of indecent assault will be required to sign the Sex Offenders Register – and may also be subject to a Sexual Offences Prevention Order (SOPO), which our sexual offences solicitors will also be able to advise on.
What is the offence of indecent assault in New South Wales?
The basic offence is created by s 61L of the Crimes Act 1900, which provides: 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.
What is the maximum sentence for sexual assault?
While the maximum sentence for sexual assault remained at 10 years, it increased to 14 years in cases where the victim was under 13, and assault by penetration was given a maximum sentence of life.