The prosecution is required to make out the offence of Assault in order to establish this offence. Once this is established, it must be asked whether the Assault occurred in indecent circumstances.
Can the prosecution make out their case? Did you intentionally assault another person? If so, was this in indecent circumstances? Are you clear on what this means? Were you aware you did not have consent to do so?
These are some of the issues that must be considered with a specialist criminal law practitioner prior to telling the Court how you intend to plead.
Although the thought of discussing such things may be uncomfortable, having competent legal representation will maximize your prospects of avoiding a lengthy prison term, should you be found guilty.
Please read below for more information in relation to this charge.
Section 39 of the Crimes Act 1958.
The prosecution must prove:
1. The defendant assaulted another person and this involves proof of all of the elements of assault including proof that the act of the defendant was intentional;
2. The defendant did so in indecent circumstances;
3. The defendant was aware that the person assaulted was not consenting or might not be consenting to the assault.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Indecent Assault cases will usually be heard in the Magistrates’ Court of Victoria depending on the level of seriousness.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced indecent assault criminal lawyer urgently. Don’t delay until the last minute, as thorough preparation is essential in ensuring a successful outcome to any criminal matter.
If you have been charged with Indecent Assault make an appointment to see one of our experienced lawyers today.
39. Indecent assault
1. A person must not commit indecent assault.
Penalty: Level 5 imprisonment (10 years maximum).
A person commits indecent assault if he or she assaults another person in indecent circumstances while being aware that the person is not consenting or might not be consenting.