7.3.7.2 – Checklist: Indecent assault (Pre-1/1/92) – Consent not in issue

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused touched the complainant in the way alleged; and

2. The touching was intention; and

3. The touching occurred in indecent circumstances.

Assault

1. Did the accused touch the complainant in the way alleged?

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 in the way alleged?

If Yes, then go to 3

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

Indecent circumstances

3. Did the touching occur in indecent circumstances?

Consider – Indecent circumstances requires a sexual connotation

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

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

Last updated: 12 September 2019

See Also

7.3.7 - Indecent assault (Pre-1/1/92)

7.3.7.1 – Charge: Indecent Assault (Pre-1/1/92) – Consent not in issue

7.3.7.3 – Charge: Indecent Assault (Pre-1/1/92) – Consent in issue

7.3.7.4 – Checklist: Indecent assault (Pre-1/1/92) – Consent in issue