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A. Indecent Assault

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

 

An indecent assault is an assault coupled with circumstances of indecency. Some conducts are clearly indecent e.g. 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.

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