Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
9. Sexual Assault
Firm / Chambers:
Last updated: 19 Jun 2015
- Sexual assault occurs where a person is made to engage in sexual acts without their consent. The offender may use threats, force, tricks or coercion to get their way.
- Sexual assault also occurs when any person under a certain age engages in sexual activities with an adult regardless of their consent. This is because the law says young people under a certain age do not have the emotional maturity to give an informed consent. For most of Australia the age of consent is 16. In Tasmania and South Australia it is 17.
- Whether or not touching someone without their consent is ‘indecent’ will depend on the circumstances in each case. Examples of what might be considered to be indecent assaults include:
- touching a female on the breasts;
- touching a person of either gender on the groin or buttocks;
- taking another person’s hand and putting it on your own or someone else’s groin or buttocks;
- forcing a person’s head or face into your own or someone else’s groin or into a female’s breasts;
- using any object to touch another person’s groin or buttocks; or
- using any object to touch a female’s breasts.
- These acts would be considered indecent regardless of whether they occur inside or outside the person’s clothing.
View more Information on Criminal Law