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Indecent Assault Solicitors
If you are accused of indecent assault or are the subject of an indecent assault investigation, it is vital that you seek legal advice from a solicitor experienced in this area of law.
This way, you can ensure that you fully understand the process that lies ahead when accused of indecent assault and your solicitor can work with you from an early stage, to secure the best possible outcome. Being accused of any type of sexual offence can cause significant damage to your reputation and can affect both your personal and professional life. Having a team of legal professionals on your side who understand and can manage the impact that an allegation of indecent assault can have on your reputation, is crucial.
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What is indecent assault?
Indecent assault is a sexual offence. Someone may commit indecent assault if they touch someone sexually without their consent, or force or coerce another person to engage sexually (for example, forcing them to watch or participate in sexual activity) against their will. Indecent assault can involve both same sex activity and heterosexual activity.
Sexual assault does not involve rape or assault by penetration (these are separate sexual offences).
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What does the law say about indecent assault?
The offence of indecent assault is located in Sections 14 and 15 of the Sexual Offences Act 1956.
Indecent assault has now been replaced by new offences, including sexual assault and assault by penetration, under Section 3 of the Sexual Offences Act 2003. However, historic offences (those committed before the Sexual Offences Act 2003 came into force) can be prosecuted under the old Sexual Offences Act.
Indecent assault under the Sexual Offences Act 1956 is an almost identical offence to sexual assault under Section 3 of the Sexual Offences Act 2003.
Various different activities which previously fell under the offence of indecent assault in the 1956 Act, are now detailed as separate offences in the 2003 Act, including child sex offences and assault by penetration.
As a result, the Section 3 offence of sexual assault (from the 2003 Act) is now mainly used to prosecute less serious kinds of sexual assault than the old offence of indecent assault.
What are examples of indecent assault?
The ‘touching’ with regards to indecent assault can be carried out with either an object or any body part.
Examples of indecent assault could include the intentional touching of the breasts or anus (either over or under clothes) or an unwanted kiss.
In some cases, the person accused of indecent assault may not accept that what they did was ‘indecent’. However, in order to be convicted of indecent assault, it is enough that a reasonable person would believe that the activity was indecent.
The ‘touching’ with regards to indecent assault can be carried out with either an object or any body part.
Examples of indecent assault could include the intentional touching of the breasts or anus (either over or under clothes) or an unwanted kiss.
In some cases, the person accused of indecent assault may not accept that what they did was ‘indecent’. However, in order to be convicted of indecent assault, it is enough that a reasonable person would believe that the activity was indecent.
What is the sentence for indecent assault
If you are convicted of sexual assault the maximum prison sentence you could be given is 10 years.
In order to decide the appropriate sentence to give an offender, the court will initially determine the offence category.
First, the court will decide which category of ‘harm’ that the sexual offence the person has committed falls into:
Category 1 – this includes severe psychological or physical harm, violence or threats of violence and abduction
Category 2 – if the incident involves a prolonged detention of the victim, additional humiliation for the victim or touching of the naked genitalia/breasts, the offence would fall into the second category for ‘harm’
Category 3 – the sexual assault will fall into this category if it does not fall into either of the other two
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Secondly, the court will categorise the assault into the relevant category for ‘culpability’:
Culpability A – the offence will fall into this category if it involves features such as an abuse of trust (a doctor or teacher for example), the use of alcohol on the victim to facilitate the offence, a significant degree of planning or if the offence was committed during a burglary.
If the offence does not fall into category A for culpability, it will automatically fall into category B.
Once harm and culpability have been determined with regards to the indecent assault, the court will then have a starting point sentence to refer to.
For example, if the indecent assault fell under category 1 for harm and category A for culpability, the starting point would be 4 years in custody. This can then be adjusted upwards or downwards (between a range of 3 and 7 years in prison) in order to take account of any aggravating or mitigating features (see below). It is worth noting here that if there are a number of different harm or culpability factors in an indecent assault case, the starting point sentence can be adjusted upwards in order to reflect this.
What are aggravating factors with regards to indecent assault?
Aggravating factors are features which could make a court decide on a more severe sentence for an offender.
Aggravating factors for sexual assault include:
- Previous convictions (particularly relevant recent convictions)
- Use of a weapon
- Other people present during the indecent assault (particularly children)
- Where the offence was committed
- When the offence was committed
- Targeting an especially vulnerable victim
- Attempting to dispose of or conceal the evidence
- Attempting to prevent the victim from reporting the crime
What are the mitigating factors with regards to indecent assault?
Mitigating factors are features which could justify a less severe sentence for sexual assault. These include:
- Lack of previous convictions
- Remorse
- Offender has a mental disorder
Useful Links
What is rape?
What is an Indecent Assault?
What is Sexual Abuse?
When is Historic Sexual Crime an offence?
Why do I need a specialist indecent assault solicitor?
Being accused of indecent assault can have a potentially devastating impact on your life and the lives of those around you. This is why it is crucial to seek legal advice from a solicitor experienced in this area of law, as soon as possible.
Your specialist solicitor will ensure that you are treated fairly and that no errors are made which could affect your case further down the line, particularly if you end up in court.
Indecent assault charges bring with them their own unique set of challenges and having a solicitor on your side as early on as possible, can help you to achieve the best outcome for your circumstances.
Speak to our Expert Indecent Assault Solicitors in:
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