What indecent assault means
It happens when someone intentionally touches another person without their consent, and the touching is indecent — that is, it has a sexual character, judged against ordinary community standards. In plain terms, examples include unwanted sexual touching such as groping or a forced kiss, whether over or under clothing, or sexual touching done through force, threats or deception.
How a charge usually starts
Police may lay a charge after:
- A report or formal complaint from the person
- CCTV or witness evidence
- Recorded messages or admissions
- Forensic or medical examination
Where the person involved is a child or otherwise vulnerable, extra protections and procedures apply.
The court process
Less serious matters are heard in the Magistrates' or Local Court; indictable or aggravated cases go to the District, County or Supreme Court. The usual path:
- First appearance — a plea is entered.
- Evidence disclosure — from the prosecution to the defence.
- Hearing or trial — guilt is determined.
- Sentencing — based on the harm caused, the relationship, and any history.
Courts treat it more seriously where there was force, threats or coercion, where the person was under 16, or where the accused was in a position of authority or trust.
What could happen where you are
Every state and territory prosecutes indecent assault as a distinct sexual offence, with different names and maximums. Pick your state for a snapshot.
Ways people defend it
Which of these can apply depends entirely on the facts and the evidence — a criminal lawyer can tell you which, if any, fit your situation.
- Consent (not valid if under the age of consent)
- Reasonable, mistaken belief in consent
- No indecent element — accidental or not sexual
- No physical contact occurred
- False accusation
- Mental impairment
Other charges in the assault family
This is general information, not legal advice. These laws, names and penalties vary by state, and every case turns on its own facts. If you've been charged or are under investigation, speak with a criminal lawyer or your state's Legal Aid service. If you've experienced sexual assault, confidential support is available on 1800RESPECT (1800 737 732).
