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Written by
Shaun Pascoe
Criminal Defence Lawyer


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Sexual Offences - VIC
Welcome to the VIC Indecent assault article page. Everything you need to know about Indecent assault according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Indecent assault
According to VIC Law for the charge of Indecent assault,

Crimes Act 1958 - SECT 39

Indecent assault

39. Indecent assault

(1) A person must not commit indecent assault.

(2) A person commits indecent assault if he or she assaults another person in indecent circumstances-

(a) while being aware that the person is not consenting or might not be consenting; or

(b) while not giving any thought to whether the person is not consenting or might not be consenting.

The Maximum Penalty - Indecent assault
According to VIC Law for the charge of Indecent assault,
10 years maximum.

What the Police must prove according to VIC Law for Indecent assault

(a) The accused intentionally and without consent indecently assaulted another person.

Possible Defences under VIC Law - Indecent assault

(a) Assault was not indecent.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

In VIC which court will hear the matter - Indecent assault
Sometimes in the Magistrates' Court. Generally in the County Court.
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