Indecent Assault / Aggravated Indecent Assault
Indecent assaults can involve inappropriate touching of a sexual nature or for sexual gratification, such as on the breasts, buttocks or genitals, but without penetration. This class of offences require representation from a criminal lawyer due to the difficulties that arise in these types of matters. Most indecent assaults do not leave physical marks or injuries. They are more likely than not to have no eyewitnesses other than the alleged victim. There is often a delay in complaint, sometimes due to the tender age of the complainant at the time of the incident.
If the matter is heard in the Local Court, the maximum penalty is 2 years, however, if the matter is heard in the District Court The maximum penalty for indecent assault is imprisonment for 5 years.
An indecent assault can be aggravated by a number of matters, such as when the alleged offender is in the company of other persons, if the alleged victim is under the authority of the alleged offender, and if the alleged victim has serious disability or cognitive impairment.
If the matter is heard in the Local Court, the maximum penalty which can be imposed is 2 years imprisonment. However, if the matter is heard by the District Court the maximum period of imprisonment is 7 years or, if the alleged victim is under the age of 16 years, the maximum period of imprisonment is 10 years.