From Wikipedia, the free encyclopedia
Offence of aggravated assault
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
.
England and Wales
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Indecent assault was a broadly defined offence under sections 14 and 15 of the
Sexual Offences Act 1956
. It was replaced, with prospective effect only, by
sexual assault
under section 3 of the
Sexual Offences Act 2003
. A range of acts toward the more severe among those in its
actus reus
augmented other offences, including
rape
(section 1).
Prosecutions can proceed under sections 14 and 15 of the 1956 act for offences committed before the new law came into force.
The
mens rea
and
actus reus
of the crime are similar to that for
common law assault and/or battery
, but with an additional element of "indecent circumstances". These were present if a "reasonable person" would believe the act indecent, whatever the belief of the accused.
India
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In India it is punishable under section 354 of the
Indian Penal Code
. The accused may be punished up to two years' imprisonment and/or a fine.
Australia
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In
New South Wales
, the offence of indecent assault is punishable under Section 61L of the
Crimes Act 1900
.
The
mens rea
and
actus reus
are the same for the common law offence of assault, the only distinction being that the act committed must have a sexual connotation.
References
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