Indecent 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

Indecent assault was a broadly defined offence under sections 14 and 15 of the Sexual Offences Act 1956. It was superseded by the new offence of sexual assault under section 3 of the Sexual Offences Act 2003. Other aspects of the actus reus were merged into other offences, including rape (section 1), whose scope was expanded. Individuals may still be prosecuted for indecent assault under the 1956 Act for offences committed before the new law came into force.

The mens rea and actus reus of indecent assault were similar to that for common law assault and/or battery. However, there was an additional element of "indecent circumstances". "Indecent circumstances" were present if a "reasonable person" would believe it indecent, whatever the belief of the accused.

India

In India it is punishable under section 354 of the Indian Penal Code.

Australia

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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