Under section 61L of the Crimes Act 1900 (NSW) it is an offence to commit an act of indecent assault. The maximum penalty for this offence is 5 years imprisonment.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You assaulted another person; and
- At the time of, or immediately before or after the assault, you committed an act of indecency on or in the presence of the other person.
If you are charged with aggravated indecent assault in accordance with section 61M of the Crimes Act 1900 (NSW) which carries a maximum penalty of 7 years imprisonment (or 10 years imprisonment if the victim is under 16 years of age) then the prosecution, in addition to the aforementioned elements, must prove beyond reasonable doubt that there were circumstances of aggravation, meaning:
- You were in the company of another person or persons; or
- The alleged victim was (whether generally or at the time of the commission of the offence) under the authority of you; or
- The alleged victim has a serious physical disability; or
- The alleged victim has a cognitive impairment.
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
- Consent by the victim
- Duress
Please contact our office for your first free consultation.
