Indecent Assault

Types of Indecent Assault Charges in Victoria

The specific charge depends on when the alleged conduct occurred and the circumstances of the offence. Victoria’s sexual offence laws have been amended several times, and the applicable legislation is determined by the date of the alleged offending.

Sexual Assault: Section 40, Crimes Act 1958 (From 1 July 2015)

If the alleged conduct occurred after 29 June 2015, the relevant offence is sexual assault, not indecent assault. The key difference is the introduction of a reasonableness standard for belief in consent. The prosecution must prove the accused did not reasonably believe the other person was consenting. The maximum penalty is 10 years imprisonment.

Variations of this offence include sexual assault by compelling sexual touching and, where the complainant is a child, child sexual abuse, where consent is not a relevant consideration.

Indecent Assault: Section 39, Crimes Act 1958 (1 January 1992 – 29 June 2015)

This is the most commonly charged form of historical indecent assault. The prosecution must prove the accused intentionally assaulted another person in indecent circumstances, and was aware (or failed to consider) that the other person was not consenting. The maximum penalty is 5 years imprisonment, or 10 years imprisonment where aggravating circumstances are established.

Unlike the current offence of sexual assault, there is no requirement for the prosecution to prove the accused did not hold a reasonable belief in consent. An honest belief in consent – even if unreasonable – is a complete defence.

Indecent Assault: Section 44, Crimes Act 1958 (1 March 1981 – 4 August 1991)

For allegations predating 1992, the offence was defined under section 44. The elements are broadly similar, though the legislative framework and sentencing regime differed. Charges under this section are still laid for historical allegations from this period.

Indecent Assault: Section 55, Crimes Act 1958 (Pre-1981)

For the oldest historical allegations, the offence was contained in section 55. Courts continue to hear matters under this section where a complainant comes forward years or decades after the alleged conduct. There is no limitation period for indecent assault charges in Victoria.

How We Defend Indecent Assault Charges

Every indecent assault case turns on its own facts, but our approach is consistent: thorough preparation, strategic advice, and robust advocacy. We routinely defend these charges in the Magistrates’ Court and County Court across Victoria.

Our defence work includes:

• Advising on your rights before and during a police interview
• Applying for bail where you have been remanded in custody
• Identifying and pursuing available defences, including consent, honest belief in consent, and factual disputes
• Challenging the prosecution’s evidence, including forensic and digital material
• Representing you at contested hearings, committal proceedings, and jury trials
• Presenting compelling submissions on sentence where a plea of guilty is appropriate

We understand the reputational sensitivity of sexual offence charges. All consultations are strictly confidential.

Penalties for Sexual Assault in Victoria

The maximum penalty for sexual assault under section 40 is 10 years imprisonment. For historical offences of indecent assault under section 39, the maximum penalty is 5 years imprisonment, or 10 years where aggravating circumstances are established. However, the sentence imposed will depend on the specific circumstances, including the nature of the conduct, the impact on the complainant, and the accused’s personal history.

Sentencing outcomes can range from a community corrections order to a term of imprisonment. A conviction for indecent assault may also result in placement on the Sex Offender Register, which carries significant long-term obligations.

Engaging an experienced criminal lawyer early gives you the best chance of achieving the most favourable outcome available in your circumstances.

Sentencing Considerations for Aggravating Factors

When sentencing someone for the offence of Sexual Assault pursuant to section 40 of the Crimes Act 1958, the court is permitted to take into account aggravating factors such as the use of force, weapons, or multiple offenders. This has the capacity to affect the classification of the seriousness of the offence and the ultimate sentence imposed.