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Aggravated Indecent Assault is an offence under section 61M of the Crimes Act 1900, which applies to conduct before 1 December 2018 and carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
An ‘assault’ includes any unauthorised touching, as well as putting another in immediate fear of unlawful personal violence.
‘Indecent’ means contrary to the ordinary standards of respectable people in the community, and must have a sexual connotation or overtone.
You were ‘reckless’ if you realised there was a possibility the other person was not consenting, but went ahead with your actions regardless.
The assault occurred in ‘circumstances of aggravation’ where:
The maximum penalty increases to 10 years in prison where the other person was under the age of 16 years.
Defences to the charge include:
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