Aggravated Indecent Assault

Aggravated Indecent Assault carries a maximum penalty of 7 years imprisonment or a maximum penalty of 10 years if the complainant is under the age of 16 years old. 

What is Aggravated Indecent Assault?

Aggravated Indecent Assault was contained in section 61M of the Crimes Act 1900 (NSW) and stated:

(1)  Any person who assaults another person in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 7 years.

(2)  Any person who assaults another person, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 10 years, if the other person is under the age of 16 years.

(3)  In this section, circumstances of aggravation means circumstances in which:

(a) the alleged offender is in the company of another person or persons, or

(b) (Repealed)

(c)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(d)  the alleged victim has a serious physical disability, or

(e)  the alleged victim has a cognitive impairment.

Aggravated Indecent Assault is a historical offence and is something that you can still be charged for if the offence occurred before 1 December 2018. This offence is now recognised as ‘Aggravated Sexual Touching’.

The following acts constitute Aggravated Indecent Assault:

• Touching the breasts of someone with a physical disability, without their consent.
• You are a teacher and you touch a student’s breasts.

What Must be Proven?

For a person to be found guilty of Aggravated Indecent Assault, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you assaulted the complainant.
• That the assault was accompanied by an act of indecency or the act before or after the assault was indecent on or in the presence of the complainant.
• That the assault was under at least one circumstance of aggravation.
• That the assault was without the consent of the complainant.
• That the complainant did not consent.
• That you knew the complainant did not consent.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Aggravated Indecent Assault

The following defences may be available for an Aggravated Indecent Assault charge:

• That the assault did not take place.
• That the assault had no accompanying indecent act present before, during or after.
• That the assault did not take place under a circumstance of aggravation.
• That the complainant gave legal consent.
• Duress

Common Questions about Aggravated Indecent Assault

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for an Aggravated Indecent Assault charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an Act of Indecency charge might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of Indecency can rule out certain career paths.

Will I go to Gaol for an Act of Indecency charge?

It is possible to receive an imprisonment sentence for this charge, so it is important that you obtain legal advice. 

What if the other person gave consent?

Consent is a very complicated legal term which can be read about further using this link [INSERT].

Will I end up on the sex offender register?

If the complainant in your matter was under the age of 18 years, it is probable that you will be on the sex offender register.  

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.