According to the Sexual Offences Act 2003 the elements of the offence of sexual assault are.

Is touching a person assault. The offence carries a maximum penalty of 5 years full time imprisonment. Reckless assault is considered less serious than intentionally assault. A person does not necessarily need to strike someone in order to be found guilty of assault.

The new offence is enacted to detail in a more expansive way the types and kinds of conduct that are against the law when it comes to having non-consensual physical contact of a sexual nature with another person. An assault may be constituted by a threat or a hostile act committed towards a person and if a man indecently exposes himself and walks towards a woman. In fact the legal definition and elements of proof for assault do not ever mention any kind of physical contactonly the reasonable belief that harmful or offensive contact will be inflicted on the victim.

It is created by section 3 of the Sexual Offences Scotland Act 2009. Indecent assault involves the act of touching or threatening to touch a persons body in a sexual manner without their consent. For example forcing someone to watch pornography or masturbation is also sexual assault.

An assault as the giving of a blow to somebody but that is not necessary. It also includes behaviour that does not involve actual touching. These crimes include sexual intercourse without consent aggravated sexual assault indecent assault and acts of indecency these offences generally involve inappropriate touching including genitals or other intimate areas or forcing a person to touch the genitals or intimate areas of another person.

This carries a maximum penalty of 7 Years. This means no criminal record. Striking a Victim Constitutes Battery Not Assault If you were to hit the victim physically then you are charged with battery.

Sexual Touching is the offence previously known as Indecent Assault. An assault may occur by for example striking touching moving or applying force without a persons consent or with the persons consent if that consent is obtained by fraud. Section 61KD creates an aggravated form of the offence.