Indecent Assault – Laws, Penalties & Defences in Australia

Indecent assault is a criminal offence in Australia that involves unlawful physical contact of a sexual nature, without the other person’s consent. Unlike sexual assault or rape, indecent assault does not require penetration—but it still involves a serious breach of bodily autonomy and dignity.

This offence can apply in a wide range of contexts: from inappropriate touching in public or private settings, to forced kisses, groping, or coercive conduct. It is commonly prosecuted in both domestic and public situations and often arises in connection with family violence, alcohol-fuelled incidents, or power-imbalance settings, such as workplaces or schools.

This article explains what indecent assault means under Australian law, how police lay charges, what happens in court, available defences, and the penalties across each state and territory.

What Is Indecent Assault?

Indecent assault occurs when a person:

• Intentionally touches another person without their consent, and

• The touching is “indecent” or has a sexual connotation or intent

Examples include:

• Groping breasts, buttocks, or genitals over or under clothing

• Kissing someone without consent

• Touching inappropriately in a sexual manner

• Using force to touch someone sexually

• Coercive touching under threat, intimidation, or deception

The prosecution must prove:

1. An intentional act of contact

2. The act was without the complainant’s consent

3. The act was indecent in context (based on community standards)

How Are Charges Laid?

Police may lay charges after:

• A victim report or formal complaint

• CCTV or witness evidence

• Recorded messages or admissions

• Forensic or medical examination

• Statement consistency checks

The case may involve child victims, adults, or vulnerable persons—with additional protections and procedures applying in such cases.

Court Process for Indecent Assault Charges

Indecent assault is prosecuted in:

• Magistrates’/Local Court for less serious matters

• District/County/Supreme Court for indictable or aggravated cases

The process includes:

1. First appearance – Plea is entered

2. Evidence disclosure – From prosecution to defence

3. Hearing or trial – Determination of guilt

4. Sentencing – Based on harm caused, relationship, and criminal history

Aggravating factors include:

• The use of force, threats, or coercion

• The victim being under 16

• The accused being in a position of authority or trust

Available Legal Defences

Common legal defences to indecent assault include:

• Consent – The complainant agreed to the act (not valid if under the age of consent)

• Mistaken belief in consent – You believed the other person consented (must be reasonable)

• No indecent element – The contact was accidental or not sexual

• No physical contact – Mere verbal or suggestive behaviour is not sufficient

• False accusation – The complaint is fabricated or mistaken

• Mental impairment – Affecting your capacity to form intent