Criminal law - offence classification (1 Viewer)

[Xytech]

Hi Guys,
I need to classify a type of assault in a case I heard.
Basically, this man (30ies) was accused of trying to kiss and generally harass (eg; saying how pretty they looked) 14 year old girls he had working for him in a cafe.
I don't know how to classify exactly what that would be though - would it be considered sexual assault? sexual harassment? The problem i'm finding is that within the Victorian Crimes Act its hard to find the one that fits, as there was no actual penetration/rape attempts.
A bit of help would be appreciated,
Thanks

 

[Frigid]

certain things spring into mind:

assault, indecent assault, act of indecency, specific stalking legislation if Victoria has these etc.

 

[Redbeard]

This is considered sexual harassment in NSW legislation, but i am unsure if it is the same in Victoria

 

[Frigid]

This is considered sexual harassment in NSW legislation, but i am unsure if it is the same in Victoria

can you tell me where in the NSW Crimes Act or other legislation is the offence of 'sexual harassment'?

 

[hYperTrOphY]

Is the factual scenario more detailed than that?

Act of indecency or indecent assault, I would imagine. I'm not sure how different the Victorian position is to that of NSW though.

 

[wheredanton]

How about reading your text book?

You wont get much help here.

 

[M@C D@DDY]

Have a look at Section 45 of the Crimes Act (Vic) in relation to indecent assault of a child under the age of 16, and the relevant amendments in the Crimes (Sexual Offences) Act 2006 Section 10. Hope that helps.

 

[melsc]

I am not familar with the victorian legislation or the details of the case other than what you meantioned but as stated by most it sounds like indecent assault but without details and looking at the leg its hard to tell.Was this just classifying the crime in a case you observed or something, or do you need to solve a problem question? because in either case it depends on what the person was ultimately charged with and often there can be more than one chrage for a specific act. An educated guess would be indecent assault, if there is a specific section for under 16's or an aggravated element (which can often be fulfilled by age and power relationship). In a problem question you would try and go through all the likely charges if its just a quick question in a case observation it would be ok most likely to just say indecent assault (which ever section of the act it is) and juts make a small note that you are unsure of the actual charge because I know when watching cases sometimes you don't hear the charge or they have resumed the case.

Good luck

This is considered sexual harassment in NSW legislation, but i am unsure if it is the same in Victoria

I understand you have studied Crime in legal studies and are anxious to use this information, but just be careful, legal studies is a lot more basic than university level (for obvious reasons) and while your answer is almost right, the term you used is much more a lay term like rape that is allowed to be used in legal studies Don't worry, I was the same 1-2 years ago and anxious to use the stuff I have learned and its good to contribute, just make sure when you are answering a problem in here just be clear its something you learnt in legal so people can know where its comming from, because on starting a law degree I learnt most of it was not quite correct in the context of substantive legal study, but is fine for legal studies. Have fun and don't be discouraged from participating oh and just make sure that anything you ask on here you check with ur teacher and text because we can also give answers to you can be correct for law studies but not for legal