Speak to an Adelaide Criminal Lawyer. Call 1300 331 331

Indecent Assault

Sexual Offences – SA

Welcome to the SA Indecent Assault article page. Everything you need to know about Indecent Assault according to SA law – Dated: 09/01/2009

What the Law States according to SA Law for Indecent Assault

According to SA Law for the charge of Indecent Assault:

An assault is any kind of touching (or threat of touching) without a person’s genuine consent. What is and what is not indecent is a matter of fact for the jury. It is a complex legal question as to whether an assault becomes indecent where the victim is unaware of the indecent aspects or motive of the assault, for example, when the victim believes that the assault is a legitimate medical procedure.

Consent cannot be given by a person under the age of 17 years or by a person under the age of 18 years in a case in which the accused is the guardian or teacher of the alleged victim. This law applies to both males and females. However, when the victim is between 16 and 17 years, consent can be a defence for an accused who was under the age of 17 years. Consent can also be a defence if the accused can prove, on the balance of probability, that he or she believed on reasonable grounds that the victim was 17 years of age or over [Criminal Law Consolidation Act 1935 s.57].

The Maximum Penalty – Indecent Assault

According to SA Law for the charge of Indecent Assault:

The maximum penalty for indecent assault is eight years imprisonment or, where the victim is under 12 years of age, ten years [Criminal Law Consolidation Act 1935 s.56].

The content on this website – including information and articles on the law, is intended only to provide a helpful starting point on the law. It is not intended that you rely on this information as a complete explanation and nor does it constitute legal advice.

We try to update the website and its content as much as possible, but do not guarantee that it is up to date. If you have a legal problem, you should use the information on this website as a starting point to ask legal advise from a lawyer. You should not rely on the information alone. You should seek legal or other professional advice before acting or relying on any of the Content.

Please be aware that you using our website or receiving information from us is not intended to and does not create a solicitor-client relationship between you and our law firm.

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: