Legal Definitions - indecent assault

Indecent assault refers to any physical contact of a sexual nature made against another person without their consent. It is a serious criminal offense that does not necessarily involve penetration, but rather any unwanted touching, fondling, or other physical interaction that is sexual in character and committed without the victim's agreement. The key elements are the sexual nature of the contact and the absence of consent.

Here are some examples to illustrate this concept:

• Example 1: While walking through a crowded street fair, a person feels someone deliberately reach out and grope their buttocks. The person immediately turns around, but the perpetrator quickly disappears into the crowd.

  Explanation: This scenario illustrates indecent assault because the contact was physical, clearly sexual in nature (grope to the buttocks), and entirely without the victim's consent. The unwanted nature of the touch makes it an assault.

• Example 2: During a work happy hour, a colleague repeatedly tries to put their arm around another employee's waist and then attempts to kiss their neck, even after being told "no" and physically pushed away multiple times.

  Explanation: This constitutes indecent assault because the actions involve unwanted physical contact (arm around waist, attempted kiss on neck) that is sexual in intent, and it occurs despite explicit refusal and lack of consent from the victim. The repeated attempts after being rejected further emphasize the lack of consent.

• Example 3: A patient is undergoing a medical examination by a doctor. During the examination, the doctor makes an inappropriate comment of a sexual nature and then touches the patient's breast in a manner that is not medically necessary and feels sexually suggestive, causing the patient significant discomfort.

  Explanation: This is an example of indecent assault because the doctor's touch was physical, sexual in nature (unnecessary and suggestive touching of the breast), and occurred without the patient's consent for that specific type of contact, violating the trust inherent in the medical relationship.