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Indecent Assault
Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault. England and Wales Indecent assault was a broadly defined offence under sections 14 and 15 of the Sexual Offences Act 1956. It was replaced, with prospective effect only, by sexual assault under section 3 of the Sexual Offences Act 2003. A range of acts toward the more severe among those in its ''actus reus'' augmented other offences, including rape (section 1). Prosecutions can proceed under sections 14 and 15 of the 1956 act for offences committed before the new law came into force. The ''mens rea'' and ''actus reus'' of the crime are similar to that for common law assault and/or battery, but with an additional element of "indecent circumstances". These were present if a "reasonable person" would believe the act indecent, whatever the belief of the accused. Australia In New So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravated Assault
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definition is the same in criminal and tort ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Assault
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988. Statute Section 39 of the Criminal Justice Act 1988 provides: On 13 September 2018, the Assaults on Emergency Workers (Offences) Act 2018 received Royal Assent. This added a subsection which states any common assault or battery on an emergency worker (as defined in the Act) is triable either way and subject to a maximum of 12 months' imprisonment if tried on indictment. Ingredients of the offence Section 39 of the Criminal Justice Act 1988 does not contain a definition of the expression "common assault" that appears there. What the offence actually consists of must be determined by reference to case law. A person commits an assault if he performs an act (which does not for this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Harassment
Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, with some examples including making unwanted sexually colored remarks, actions that insult and degrade by gender, showing pornography, demanding or requesting sexual favors, offensive sexual advances, and any other unwelcome physical, verbal, or non-verbal (sometimes provocative) conduct based on sex. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or sexual assault, assault.Dziech, Billie Wright; Weiner, Linda. ''The Lecherous Professor: Sexual Harassment on Campus''. Chicago Illinois: University of Illinois Press, 1990. ; Boland, 2002 Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Groping
Groping is a form of sexual harassment involving the intentional inappropriate touching of another person commonly without their consent. The term generally has a negative connotation in many societies. Touching a consenting person's body during sexual activity, a massage, or a medical examination is not usually considered groping, though the term is sometimes used to include clumsy, selfish, or inappropriate sexual touching. Areas of the body most frequently groped include the buttocks, breasts, vulva, thigh, penis, and scrotum. Gropers might use their hands, but pressing any part of their body against another person can be considered groping. The practice of women being subjected to a pat down by officers, such as customs or security officers at airports, is controversial. Such behaviour by public officials requires a clear legal authorization. '' Toucherism'', considered a paraphilia, is a practice of a person touching another non-consenting person with their hands, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered. The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring, and attempting to commit offences." Over the years, the leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Penal Code
The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on July 1, 2024. It was a comprehensive code intended to cover all substantive aspects of criminal law. The Code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. While in force, the IPC was amended several times and was supplemented by other criminal provisions. Despite promulgation of the BNS, litigation for all relevant offences committed before 1 July 2024 will continue to be registered under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1900
The ''Crimes Act'' ''1900'' (NSW). is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth),. form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's ''Crimes Act'' ''1900'' (ACT).. The Act Serious Offences Murder The Act requires that, for a person to be guilty of murder in NSW, the prosecution must prove both ''actus reus'' (literally: ''guilty act'') and ''mens rea'' (literally: ''guilty mind''). Murder and manslaughter defined. The act must cause the death of a person without lawful excuse - A causes B's death. It was previously a requirement that death occur within a year and a day after the date on which the person received the injury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent ( statutory rape). The term ''rape'' is sometimes casually used interchangeably with the term ''sexual assault''. The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
