What Are the Elements of Indecent Assault and the Maximum Penalty for It?

Indecent assault is a charge that carries a hefty penalty when charged. The language behind it is clear, although each individual state will define what constitutes a breakage of the law. When you speak with a skilled sex crime lawyer, the broken boundaries become clear. It’s within your rights to demand respect for your personal space. 

Consent

You can’t touch someone without their consent. When you accidentally touch someone, it does not qualify as indecent assault. But when you continue to ‘accidentally’ touch someone, it can very easily become a problem. Once a warning is issued, there should be no further attempts at touching – even if it is accidental. 

Force or Threat of Force

Threatening to touch someone inappropriately is a crime. It puts the victim in an uncomfortable position, and qualifies as sexual harassment. The threat of force becomes indecent assault when the aggressor follows through with that threat. Forcing yourself on someone falls between indecent assault and sexual assault depending on the seriousness of the actions. In many cases, multiple assault laws are broken at once. 

Unconscious

A victim can’t give consent for touch if they are unconscious or unaware. Even if the aggressor and victim are in a relationship, indecent assault laws still apply. For complete strangers, it becomes even more apparent when indecent assault is a crime. Just like the threat of force, unconscious touching can lean more into the sexual assault range. 

Drugs

Drugs, alcohol or any type substance that is considered ‘heavy’ will impair judgement. A victim that has impaired judgement can’t consent to touching. There are many stories of victims waking up unaware of what happened after they blacked out. Those missing hours are vital since it points to a period where the victim was unaware of their actions. Even if consent was given before being impaired, it can still be considered indecent assault when the victim is on drugs. 

Age

Age is one of the most difficult parts of the law to parse when it comes to indecent assault. Since age of consent varies by state, additional charges may be added (or the original upgraded) based on age. For most states, under the age of sixteen means the victim can’t consent to any type of inappropriate touching. In other situations, it’s the age of sixteen plus the age of the aggressor. More than a four year age difference turns it into an entirely different crime. 

Maximum Penalty

Indecent assault falls under the sex offence category. As a second-degree felony, it carries a maximum penalty of up to ten years in jail. A hefty fine can be attached to indecent assault, up to $25,000 in total damages. Depending on what other crimes are attached, indecent assault can be upgraded to a more serious felony. 

Wrap Up

There will always be unsavoury elements in life that you have to stand up to. With the right lawyer on your side, you’ll never have to back down to challenges. Protect your body and mind from indecent assault by speaking up when it matters.