Indecent Assault in UK Law
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R v McCormack
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But that was not the situation here, and on the facts of this case we think plainly it would have been a wrong exercise of discretion not to leave this question of indecent assault to the jury, because this was a case where the appellant himself had given evidence and had said on oath 'True I did not have intercourse, but I did do that which amounts to an indecent assault'.
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R v Kimber
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If he did not intend to do this, he is entitled to be found not guilty; and if he did not so intend because he believed she was consenting, the prosecution will have failed to prove the charge. It is the defendant's belief, not the grounds on which it was based, which goes to negative the intent.
We do, however, think it necessary to consider two of them because of what was said in the judgments. The offence charged was assaulting a police officer in the execution of his duty, contrary to section 51 of the Police Act, 1964. The defendant, in his defence, contended, inter alia, that he had not believed the police officer to be such and in consequence had resisted arrest. His counsel analysed the offence in the same way as we have done and referred to the reasoning in Morgan.
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R v Jones (Michael)
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The issues addressed in these cases were the result of two things: the increase in the maximum penalty for indecent assault from two years' imprisonment to 10, enacted by section 3(3) of the Sexual Offences Act 1985; and the practice of prosecutors to lay charges under section 14 when the time for doing so under section 6 had expired. In R v Hinton (1994) 16 Cr App R(S) 523 it did so because the section 6 time limit had expired.
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R v Court
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So long as the examination is carried out for genuine medical purposes in a manner and in circumstances consistent with those purposes, then in our view the fact that the doctor or midwife happens to have some secret indecent motive, or happens to obtain some sexual B gratification known only to himself from carrying out his legitimate work, cannot, in our view render the circumstances indecent.
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R v Sutton (Terence)
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The Act bars consent from preventing an act being an indecent assault. Hence, if the act alleged to constitute the assault is itself an indecent act, consent will not avail. But in the present case the touching, which was merely to indicate a pose, was not of itself indecent, and was consented to. Consent, therefore, does avail to prevent it being an assault and the question of indecency does not arise.
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R v Harris (John)
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It does not seem to this Court right or desirable that one and the same incident should be made the subject matter of distinct charges, so that hereafter it may appear to those not familiar with the circumstances that two entirely separate offences were committed. Were this permitted generally, a single offence could frequently give rise to a multiplicity of charges and great unfairness could ensue.
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Indecency with Children Act 1960
... ... 2) 33 An Act to make further provision for the punishment of indecent conduct towards young children, and to increase the maximum sentence of ... with a girl under the age of thirteen, or of an indecent assault ... on a girl who is stated in the indictment and proved to have been ... ...
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Sexual Offences Act 1956
... ... Assaults ... Indecent assault on a woman. 14 Indecent assault on a woman ... (1) It is an ... ...
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Offences Against the Person Act 1861
... ... on account of his preserving Wreck ... Whosoever shall assault and strike or wound any Magistrate, Officer, or other Person whatsoever ... Whosoever shall be convicted of any indecent Assault upon any Female, or of any Attempt to ... have carnal Knowledge of ... ...
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Sexual Offences (Scotland) Act 1976
... ... 69. # M4 1956 c. 69 ... 5: Indecent behaviour towards girl between 12 and 16 ... Any person who uses towards ... 6: Defence to charge of indecent assault ... It shall be a defence to a charge of indecent assault committed ... ...
- Indecent Assault
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The Need to Kill Off Zombie Law
The law on indecent assault is currently misunderstood, leading to substantial injustice for some who have been abused as children. The first half of the article explores the nature and causes of t......ArticleThe Need to Kill Off ZombieLaw: Indecent Assault,Where It Went Wrongand How to Put It RightCatarina ... ...
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Difference in the House of Lords
Taking the media reaction to Brenda Hale’s appointment to the appellate committee of the House of Lords in January 2004 as its starting point, this article considers...... ... in relation to familial (dis)connection, unwanted parenthood and indecent assault, the article concludes that, far from being a malevolent threat, ... ...
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The Rape of a Label Why it Would Be Wrong to Follow Canada in Having a Single Offence of Unlawful Sexual Assault
With the enactment of the Sexual Offences Act 2003, the UK has just had its biggest shake-up of the existing law on sexual offences. Rape has been widened to include oral sex, a new offence of assa...... ... Rape has been widened to include oral sex, a new offence of assault by penetra- tion has been created, and what was indecent assault has been renamed sexual assault. Twenty-one years ago the Canadians did away altogether with the legal term of rape and created an ... ...
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Sexual Offences - Avoiding Patient Allegations of Sexual Assault
... ... This article provides a brief synopsis of the current law of rape and indecent assault and draws attention to the new Sexual Offences Bill ... Current law ... Under s.1 of the Sexual Offences Act 1956 it is an offence for a man ... ...
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Former Football Coach Admits Further Counts Of Sexual Abuse
... ... buggery and six counts of indecent assault on Friday, 31 July, ... 2020, at Chester Crown Court ... He ... ...
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Vicarious Liability: High Court Considers Liability For Historic Sexual Assault Claim
... ... The Claimant alleged that the worldwide governing body of Jehovah's Witnesses, and the local congregation, were vicariously liable for an indecent assault which she suffered from a member of the congregation who held special responsibilities ... Mr Justice Chamberlain found the Defendants ... ...
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Former Hospital Porter Faces Catalogue Of Child Sex Offence Charges
... ... that include rape, attempted rape, sexual assault of a child aged ... under 13 and indecent assault on a male ... The BBC ... ...