Criminal lawyers for Indecent assault
Indecent assault is an offence that the police often charge with other more serious sex offences. Indecent assault is also sometimes charged on its own based on a single spurious allegation. Our criminal lawyers are frequently seeing accusations being made vindictively because of hurt pride, an excuse for adultery, due to accidental contact and most commonly following an alcohol fuelled incident.
Our criminal lawyers beat Indecent assault charges by attacking the evidence of your accuser and other police witnesses. We call witnesses to talk about your good character, and pick apart medical or DNA evidence pointing to its absence.
How do I beat a charge of Indecent assault?
You will be found not guilty of the offence of Indecent assault if the police cannot prove beyond reasonable doubt:
- You assaulted the victim (an assault is the intentional or reckless application of force to the person of another or an act designed to cause fear of unlawful violence).
- The assault was accompanied by an act of indecency on or in the presence of the victim which occurred before, after or at the time of the assault.
An indecent act is one which right-minded persons would consider to be contrary to community standards of decency. Where the act has unequivocal sexual connotations, it is unnecessary for the prosecution to prove the purpose of the act was the provision of sexual gratification.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
The offence of Indecent Assault carries a maximum penalty of two years imprisonment in the Local Court and five years imprisonment in the District Court. However, these penalties are typically reserved for the worst offenders. Indecent assault is a serious offence but also one that is often dealt with by a sentence other than jail. If you are charged with it you should contact our office immediately.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of Indecent assault, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
AC Law Group represented a cab driver charged with indecent assault. It being alleged he groped a drunken passenger. The Magistrate accepted that given the degree of intoxication of the complainant and that at the time of the touch, the driver was conceded to have been saying words to the effect of “wake up”, that the complaint could not be proven beyond reasonable doubt because the contact with her leg may have been innocent. Accordingly, our client was found not guilty.
AC Law Group represented a client charged with Sexual Assault and Indecent Assault against his wife on a number of occasions. The allegation was that our client had, amongst other things, sodomized her with his penis and hands on a number of occasions. Our solicitor took a statement from the wife where she said that the police had misunderstood her on account of her poor English and that whilst she said no at one stage, she ultimately consented. She said the matter was only reported to police out of concern for her husband’s mental health. Ultimately, on representations from our lawyer, the DPP withdrew the charges.
Mr Adut represented a person charged with a number of counts of indecent assault. The Accused was a person of prior good character. Videos were obtained showing Accused and complainant kissing. The complainant and her friends were cross-examined with substantial damage being done to the prosecution case. The jury came back with a verdict of not guilty.
Australian Criminal Law Group represented an 18-year-old man charged with the Aggravated sexual assault of a 14-year-old and a number of indecent assaults. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross-examined about her conduct following the alleged rape in which she continued her relationship with the Accused as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict.
Mr Harb represented a man charged with three counts of sexual assault. Negotiations ensued and soon after the charges were dropped to indecent assault. At sentence the magistrate found the facts to be on the lower end of seriousness due to negotiations done by Mr Harb. He received a suspended sentence and avoided prison.