Indecent Assault Lawyers In Adelaide
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Indecent Assault Information
- Indecent Assault is an assault with indecent circumstances. It often is the touching of private parts whether the person is clothed or not. It does not involve penetration. The definition is wide.
- Indecent Assault is considered a ‘serious sexual offence’ and if imprisonment is imposed it cannot be suspended unless the offence occurred in prescribed circumstances. Call Woods & Co Lawyers to assist you.
- A person may also appear on a paedophile register for life even if the person was not paedophilic.
- For a basic offence the penalty is 8 years imprisonment.
- If the victim is under 17 years the penalty is 10 years imprisonment.
- If the victim is under 14 years the penalty is 15 years imprisonment.
- A person is not able to give consent to an indecent assault until they reach the age of 17 years.
- Where the other person is in a position of trust or responsibility toward the complainant the age of consent rises to 18 years old. Those matters include teachers, guardians and others trusted with the care and control of a child.
- It is a defence if the victim and offender are under 17 years but the victim is in fact over 16 years.
- It is also a defence if the victim is over 16 years and the offender reasonably believed they were 17 years or over.
- Neither of the above defences apply if the person is in authority but other limited defences may apply.
If you are accused of an indecent assault then you should seek legal advice from a competent and experienced lawyer who specialises in that area. Please call our friendly team.
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Frequently Asked Indecent Assault Questions
What Is The Charge of Indecent Assault?
- Indecent Assault involves an assault with indecent circumstances.
What Is The Penalty For Indecent Assault?
- The maximum penalty for a basic offence, one that is not aggravated, is 8 years imprisonment.
- The maximum penalty for an aggravated offence, one being with a person under the age of 17years is 10 years imprisonment.
- The maximum penalty if the victim is under 14 years is 15 years
Possible Defences?
- If the touching was accidental such as that encountered in normal day to day activities
- Consent is a defence provided it is full and free consent and the complainant is both able to consent and of the age to consent.
