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7.3.6.2 - Checklist: Indecent Assault (1/1/08 - 30/6/15)

Click here to obtain a Word version of this document for adaptation.

 

[This checklist can be used where indecent assault is alleged to have been committed between 1 January 2008 and 30 June 2015.]

Five elements the prosecution must prove beyond reasonable doubt:

  1. The accused touched the complainant; and
  2. The accused intended to touch the complainant; and
  3. The touching occurred in indecent circumstances; and
  4. The complainant did not consent to the touching; and
  5. The accused was aware that the complainant was not or might not be consenting or was not giving any thought to whether the complainant was not or might not be consenting.

 

Assault

1. Did the accused touch the complainant?

If Yes then go to 2

If No, then the accused is not guilty of indecent assault

Intention

2. Did the accused intend to touch the complainant?

If Yes then go to 3

If No, then the accused is not guilty of indecent assault

Indecent Circumstances

3. Did the accused touch the complainant in indecent circumstances?

Consider – Indecent circumstances requires a sexual connotation

If Yes then go to 4

If No, then the accused is not guilty of indecent assault

Consent

4. Did the touching occur without the complainant’s consent?

If Yes then go to 5

If No, then the accused is not guilty of indecent assault

The Accused’s State of Mind

5. At the time of the assault:

5.1 Was the accused giving any thought to whether or not the complainant was consenting?

If Yes, then go to 5.2

If No, then the accused is guilty of indecent assault (as long as
you have answered yes to Questions 1, 2, 3 and 4) 

5.2 Was the accused aware that the complainant was not consenting or that s/he might not be consenting?

If Yes, then the accused is guilty of indecent assault (as long as
you have answered yes to Questions 1, 2, 3 and 4)

If No, then the accused is not guilty of indecent assault

Last updated: 12 September 2019

See Also

7.3.6 - Indecent Assault (1/1/92 - 30/6/15)

7.3.6.1 - Charge: Indecent Assault (1/1/08 - 30/6/15)

7.3.6.3 - Charge: Indecent Assault (1/1/92 - 31/12/07)

7.3.6.4 - Checklist: Indecent Assault (1/1/92 - 31/12/07)