An indecent assault is simply an assault with indecent circumstances. Commonly, it involves the unwanted and unwarranted touching of another’s private region without their consent. Once again, the law does not allow a person under the age of 17 years to consent to any touching.
The same statutory defences that apply to unlawful sexual intercourse have applied to this charge. Further, the age of consent raises to 18 years old if the accused is a person in a position of authority or trust in respect of the complainant.
Consent is obviously a defence, provided the person is sufficiently capable at that time of giving informed consent. An accidental touching such as may occur in a crowded bus or nightclub may also provide a defence.