A person who indecently assaults another is guilty of an offence. Indecent assault is defined as an assault where a person intentionally applies force directly or indirectly to the victim, or where they intentionally make physical contact directly or indirectly with the victim, knowing that the victim might reasonably object to that contact in the circumstances.
INDECENT ASSAULT LAWYERS IN SOUTH AUSTRALIA
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Indictable offence
Magistrates & District Courts of South Australia
Maximum penalty 15 years imprisonment
Indecent Assault Key Facts
| Offence | Under Section 56 of the Criminal Law Consolidation Act 1935 (SA), a person who indecently assaults another is guilty of an offence. Indecent assault is an assault accompanied by circumstances of indecency, ordinarily involving a sexual connotation. It occurs when a person intentionally applies force or makes physical contact with another, knowing that the person might reasonably object in the circumstances. |
| Maximum Penalty | - Basic offence (adult victim, no aggravation): 8 years’ imprisonment. - Aggravated offence (adult victim with aggravating factors): 10 years’ imprisonment. - Victim under 17 years: 10 years’ imprisonment. - Victim under 14 years: 15 years’ imprisonment. |
| Typical Sentence | Sentences vary widely depending on the seriousness, the victim’s age, and aggravating factors. Imprisonment is common, particularly where children are involved. |
| Which Court? | This offence can be heard in the District Court and the Magistrates Court. |
| Process Timeline | Complaint → Police Investigation → Arrest or Summons → Police Interview → Bail Consideration → Committal in Magistrates Court → Trial in District Court → Sentencing if guilty. (Average: 9-12 months) |
| Possible Defences | It may be a defence to the charge if: - There was a lack of intent; or - You had consent |
Indecent Assault Case Scenarios
Below are examples of how acts of indecent assault may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
Aggravated Offence
Low-Level Offence
Scenario:
An individual intentionally makes unwanted physical contact with another person in a sexual or indecent manner, such as inappropriate touching over clothing. No aggravating factors are present, and it is a first-time offence.
What to expect:
Even at the lower end, indecent assault is treated as a serious offence. If imprisonment is imposed, it cannot be suspended. While the court may consider whether the matter can be managed without immediate custody, the default position is that some form of custodial sentence will apply.
Mid-Level Offence
Scenario:
A person commits an indecent assault involving more invasive contact, or engages in repeated indecent behaviour against the same victim (such as a client, patient or employee).
What to expect:
Where indecent assault involves repetition or breach of trust, the courts have imposed multi-year prison sentences. For example, in 2024 a massage therapist was jailed for 6 years after indecently assaulting multiple clients in the course of his work . These cases highlight that imprisonment is the norm, with the length reflecting the seriousness and breach of trust involved.
Aggravated Offence
Scenario:
An individual commits multiple acts of indecent assault against a child under 14, involving coercion and occurring in a situation where the offender was in a position of trust or authority.
What to expect:
The maximum penalty is 15 years’ imprisonment, and lengthy custodial terms are routine. For example in 2025, a photographer convicted of four aggravated indecent assaults of children alongside child exploitation material offences was sentenced to 6 years’ imprisonment. With multiple aggravating factors including child victims, coercion, authority and repeated conduct – courts often impose sentences at the upper end of the available range.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Possession of Child Pornography
Possession of Child Pornography
Rape, Indecent Assault and Assault
Rape, Indecent Assault and Assault
Withdrawal of Aggravated Indecent Assault
Withdrawal of Aggravated Indecent Assault
Serious Sexual Assault
Serious Sexual Assault
Indecent Assault
Indecent Assault
Indecent Assault FAQ’s
If you need more information about indecent assault in South Australia, these FAQs answer the most common questions.
What is the difference between indecent assault and sexual assault in South Australia?
Indecent assault involves an assault in circumstances of indecency, usually involving sexual contact that an ordinary person would consider lewd or offensive. Sexual assault (rape) involves penetration. While indecent assault is treated very seriously, it is legally distinct from rape or unlawful sexual intercourse.
Is consent a defence to indecent assault?
Consent can be a defence if the complainant was over 16 years old and genuinely agreed to the contact. If the complainant was between 16 and 17, the law allows a defence if the accused had reasonable grounds for believing the person was 17 or older. Consent is never a defence if the complainant was under 16.
What makes indecent assault an aggravated offence?
Aggravating factors include circumstances such as: the victim being under 17, the use of threats or coercion, the offender being in a position of trust or authority, or the offending occurring in company with others. These factors can raise the maximum penalty from 8 years to 10 or even 15 years if the victim was under 14.
What must the prosecution prove in an indecent assault case?
The prosecution must show that:
- The accused intentionally applied force or made physical contact with the complainant.
- The contact occurred in circumstances of indecency.
- The accused knew the complainant was not consenting, or was reckless as to consent. If the complainant was under 14, the prosecution does not need to prove the accused’s knowledge of the aggravating factor.
Why should I seek legal advice immediately if accused of indecent assault?
Indecent assault is classified as a serious sexual offence, which means suspended sentences are generally not available. Police interviews, bail conditions and how your case is presented in its early stages can significantly affect the outcome. We can help protect your rights, advise on possible defences, and work to achieve the best result in court.
What is considered “indecent” in an indecent assault case?
Indecency is judged by an objective standard: what an ordinary person would find sexual, shocking or offensive. It usually involves a sexual element or overtone, such as unwanted touching of intimate areas. The jury or judge decides whether the circumstances amount to indecency.
Can indecent assault charges be defended?
Yes. Common defences include arguing there was no intent to assault, or that there was consent (only available if the complainant was 16 or over, with reasonable belief they were at least 17). Other defences may include mistaken identity or insufficient evidence that the contact was indecent. The circumstances and facts of each case are different so it’s important to speak to a criminal lawyer to get advice.
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