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Assault

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What Is Sexual Assault?

Hollywood has been rocked in recent months by allegations against a string of A Listers of sexual misconduct.

The frenzy has reached Australian shores with allegations surfacing this week my multiple women against Australian TV icon Don Burke for similar behaviour.

What do the many different terms used in the media to describe sexual misconduct actually mean?

Typically, “sexual assault” is used in two fashions. The first is an umbrella term used to describe all offences of a sexual nature ranging from sexual intercourse without consent through to unwanted touching and groping or unwanted sexual advances.

Sexual assault is also used to describe actual rape, which refers to forced penetration of any part of the body of another person without consent.

“Indecent Assault” typically refers to touching without penetration, for example, kissing, touching, groping or fondling usually of another person’s genitals.

An “Act of Indecency” typically refers to a person performing an act of a sexual nature with or towards another person or making them engage in such contact against their will, for example masturbating in front of another person.

“Sexual Harassment” refers to things like unwanted sexual advances, unwanted sexual comments or other sexual misconduct that typically does not involve any touching or physical attributes.

“Child Sexual Abuse” describes a range of sexual misconduct in relation to children or young people under the age of 16. This ranges from actual physical sexual conduct through to things like forcing a child or young person to view pornographic material.

There are dozens of different offences designed to punish different levels of unwanted sexual behaviour.

Many of these offences are treated as the most serious in our legal system so far as punishment is concerned, the worst of which attract similar penalties to offences of serious violence like manslaughter and murder.

That these offences have been so prevalent in the media over so long a period time exemplifies the notion that so many of these offences go unreported due to the embarrassment and trauma experienced by victims.

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Common Assault

COMMON ASSAULT – WHAT IS IT?

Australia is a patriotic and passionate country. Unfortunately for some, this enthusiasm mixed with a little Dutch courage leads to trouble that often involves the Police. This ANZAC Day, I witnessed a scuffle at a local establishment that got me thinking about the public’s understanding of assault charges.

Fortunately, no punches were thrown and nobody was injured however a man could be heard saying to Police “What do you mean you’re going to charge me with assault? I didn’t hit him, I only pushed him.”

What many people don’t understand is that a person can still be charged with what is known as “common assault” even though you do not physically harm a person.

There are a range of different actions that might constitute a common assault, for example:

  1. A mere threat of violence or harm (note that a threat is enough, even if no action is taken);
  2. Scuffles that involve pushing, shoving, wrestling etc;
  3. Spitting on another person.

Offences that result in harm to another person, usually referred to as “bodily harm” or “grievous bodily harm” are more serious offences which carry greater penalties.

The most serious penalty for the offence of common assault is prison. Other offences include Intensive Correction Orders (the equivalent of serving a jail sentence outside prison), Community Service Orders, Good Behaviour Bonds, and at the less serious end of the scale, a fine or Section 10 dismissal.

If you are charged with the offence of common assault you will need to come before a Court to plead guilty or not guilty. This type of matter will be heard in the Local Court, usually in proximity to where the offence occurred.

This means you will need to come before a Magistrate and decide whether you plead not guilty and go to a full hearing, or plead guilty and make submissions about what penalty you should receive.

In either circumstance it is wise to obtain legal advice from a suitably qualified Lawyer. Please contact our criminal law team if you have any questions.