Indecent Assault in UK Law

Leading Cases
  • R v Court
    • Court of Appeal (Criminal Division)
    • 17 October 1986

    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.

  • R v Sutton (Terence)
    • Court of Appeal (Criminal Division)
    • 28 April 1977

    Any apparent donflict between the last two cases and the Act on the one hand, and the earlier cases on the other, can be reconciled in this way. 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.

  • R v McCormack
    • Court of Appeal (Criminal Division)
    • 10 June 1969

    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'.

  • R v Kimber
    • Court of Appeal (Criminal Division)
    • 26 May 1983

    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.

  • R v Jones (Michael)
    • House of Lords
    • 14 October 2004

    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.

  • R v Keith Anthony Stocker
    • Court of Appeal (Criminal Division)
    • 13 November 2013

    Thus, from beginning to end of the process, the charge here was, in substance, one of rape under the 2003 Act. As far as the judge, jury, prosecution and defence were concerned the appellant was tried on and convicted of the right offence (rape) under the right Act. The appellant was properly before the Crown Court, the indictment was in every other respect in proper form and, therefore, valid, and the Particulars of Offence could and did support a conviction of rape contrary to the 2003 Act.

  • R v Boardman
    • House of Lords
    • 13 November 1974

    The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.

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Legislation
  • Sexual Offences Act 1956
    • UK Non-devolved
    • January 01, 1956
    ......a man of an act of gross indecency with another man. Assaults . Assaults. . S-14 . Indecent assault on a woman. 14 Indecent assault ......
  • Offences Against the Person Act 1861
    • UK Non-devolved
    • January 01, 1861
    ......Hard Labour. Assaults. . Assaults. . S-36 . Obstructing or assaulting a Clergyman or other .... . Whosoever shall be convicted of any indecent Assault upon any Female, or of any Attempt to. have carnal Knowledge of ......
  • Sexual Offences (Scotland) Act 1976
    • UK Non-devolved
    • January 01, 1976
    ...... . . (iv) section 10(1) of this Act. S-5 . Indecent behaviour towards girl between 12 and 16. 5 Indecent behaviour towards ...S-6 . Defence to charge of indecent assault. 6 Defence to charge of indecent assault. . 6. It shall be a defence to ......
  • Indecency with Children Act 1960
    • UK Non-devolved
    • January 01, 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. at the ......
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Books & Journal Articles
  • Indecent Assault
    • Nbr. 16-1, January 1952
    • Journal of Criminal Law, The
  • The Need to Kill Off Zombie Law
    • Nbr. 81-1, February 2017
    • Journal of Criminal Law, The
    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...
    ...... Article The Need to Kill Off Zombie Law: Indecent Assault, Where It Went Wrong and How to Put It Right Catarina Sjo ¨ lin ......
  • Difference in the House of Lords
    • Nbr. 15-2, June 2006
    • Social & Legal Studies
    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, ......
  • The Rape of a Label Why it Would Be Wrong to Follow Canada in Having a Single Offence of Unlawful Sexual Assault
    • Nbr. 68-6, November 2004
    • Journal of Criminal Law, The
    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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Law Firm Commentaries
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