Indecency and Sexual Offences

Indecent Assault

Indecent assault occurs where a person intentionally touches or threatens to carry out an act which may be considered indecent. This can include acts such as touching the genitalia of another without consent, kissing another person on the lips without consent, or making unwanted sexual invitations or gestures toward another person.

A charge of indecent assault carries a maximum sentence of up to seven years imprisonment.

Possession of Objectionable Publications Involving Knowledge

This charge arises from the Film, Videos, and Publications Classification Act. An objectionable publication can be materials both physical and digital which show the exploitation of children, or young persons for sexual purposes, the use of violence compelling a person to participate in or submit to sexual conduct, acts of torture, extreme violence or  cruelty, to name a few.

If the individual charged with this offence is aware that the material he or she possesses is objectionable, then they can face a maximum penalty of ten years imprisonment or a fine up to $50,000.

Sexual Violation

Sexual violation occurs when there is a non-consensual sexual connection between two persons. There are two distinct types of sexual violation:

• The first is sexual violation by rape. This is where a sexual connection occurs by the penile penetration of another’s genitalia without consent. This includes the circumstances where consent may be revoked after sexual activity begins; and

• The second is sexual violation by unlawful sexual conduct. This is where a sexual connection is made where one person’s body part comes into deliberate contact with another person’s genitalia or anus. Again, consent can also be revoked after sexual activity begins.

With these offences there is a maximum period of imprisonment of twenty years.

Other Offences in Sexual Cases

It is not unusual for other offences to be charged along with the lead charge in sexual case. An example might be a charge of disabling where one wilfully and without lawful justification or excuse, stupefies or renders unconscious any other person.  This charge carries imprisonment for a term not exceeding five years all by itself.

If you are charged with any of the above offences, or an offence akin to these, you should get the best defence possible. We will help you achieve the best outcome. Call us today.