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Indecent Assault

Sexual Offences – WA

Welcome to the WA Indecent Assault article page. Everything you need to know about Indecent Assault according to WA Law.

What the Law states according to WA Law for Indecent Assault

According to WA Law for the charge of Indecent Assault:

Section 323: A person who unlawfully and indecently assaults another person, is guilty of a crime.

The term ‘indecent’ means that the act need not be necessarily sexually motivated, but must be inherently indecent.

Section 319 of the Criminal Code defines aggravation:

Circumstances of aggravation means circumstances in which during or immediately before or after the act:

(1) The offender was or pretended to be armed with a dangerous or offensive weapon;
(2) The offender was in the company with another person or persons;
(3) The offender does bodily harm to the victim or any person;
(4) The offender does an act which likely to seriously or substantially likely to degrade or humiliate the victim;
(5) The offender threatens to kill the victim; or
(6) The victim is of or over the age of 13 and under the age of 16 years.

The Maximum Penalty – Indecent Assault

According to WA Law for the charge of Indecent Assault:

The maximum penalty is 5 years imprisonment. Where the act is done in circumstances of aggravation, the maximum penalty is 7 years.

What the Police must prove according to WA Law for Indecent Assault

(1) That an unlawful indecent assault took place;
(2) That there was intent to indecently assault the other person; and
(3) That the assault was without the victim’s consent.

Possible Defences under WA Law – Indecent Assault

(a) Identification (the accused was not the person who assaulted the victim);
(b) Lack of intent; and
(c) The assault was not indecent.

In WA which court will hear the matter – Indecent Assault

The matter may be heard in the District Court, but can be heard in the Magistrates Court if it is being dealt with summarily (this will usually depend on the severity of the allegation).

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