WA Criminal Law

Section 323: A person who unlawfully and indecently assaults another person, is guilty of a crime.

The term ‘indecent’ means that the act need not be necessarily sexually motivated, but must be inherently indecent.

Section 319 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which during or immediately before or after the act:
(1) The offender was or pretended to be armed with a dangerous or offensive weapon;
(2) The offender was in the company of other persons;
(3) The offender does bodily harm to the victim;
(4) The offender does an act which likely to seriously or substantially likely to degrade or humiliate the victim;
(5) The offender threatens to kill the victim; or
(6) The victim is of or over the age of 13 and under the age of 16 years.

The maximum penalty is 5 years imprisonment. Where the act is done in circumstances of aggravation, the maximum penalty is 7 years.

(1) That an unlawful indecent assault took place;
(2) That there was intent to indecently assault the other person; and
(3) That the assault was without the victim’s consent.

(a) Identification (ie. The accused was not the person who assaulted the victim);
(b) Lack of intent; and
(c) The assault was not indecent.

The matter may be heard in the District Court, but can be heard in the Magistrates Court if it is being dealt with summarily (this will usually depend on the severity of the allegation).