Indecent assault

Indecent assault is an offence contrary to Section 122 of the Crimes Ordinance (Chapter 200). The maximum punishment is 10 years’ imprisonment.

An indecent assault is an assault coupled with circumstances of indecency. Some conducts are clearly indecent, for example, touching of the genitals without consent. However, other conducts such as the touching of buttocks or kissing may not always be clear-cut, and such matters as the relationship between the accused and the victim and the background and circumstances leading to the conduct may need to be considered. The prosecution must prove: (1) that the accused intentionally assaulted the victim; (2) that the assault, or the assault and the circumstances accompanying it, are capable of being considered by right-minded persons as indecent; (3) that the accused intended to commit such an assault as is referred to in (2) above.

Consent is a defence to indecent assault. However persons under 16 years of age cannot consent to activity which amounts to an indecent assault. Any consent must be a true and informed consent. Consent obtained by a fraud or by deception as to the nature of the activity is not a true and informed consent. Whether or not there was consent is a question of fact and will depend upon the circumstances of the particular case.