It is an offence to indecently assault a person [Criminal Law Consolidation Act 1935 (SA) s 56].

An assault is any kind of touching (or threat of touching) without a person's genuine consent [see the Law Handbook entry on assault for more information]. An indecent assault is an assault in circumstances of indecency. What is and is not indecent is a matter of fact for the jury (or the judge as fact-finder) and it may not necessarily be sexual in nature. It is a complex legal question as to whether an assault becomes indecent where the victim is unaware of the indecent aspects or motive of the assault.

A victim under the age of 17 cannot consent to an indecent assault unless:

A victim under the age of 18 cannot consent to an indecent assault by someone in a position of authority, such as a guardian, teacher, health professional or religious leader [s 57(1)]. An accused who is in a position of authority by virtue of providing religious, sporting, musical or similar instruction to a victim may have a defence if the victim provided consent, was at least 17 at the time, and the accused either was younger than 18 or reasonably believed the victim was at least 18 years old [s 57(1a)].

The maximum penalty for indecent assault depends on the age of the victim at the time of the offence [s 56]: