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Topic: Indecent assault



  
 Pitcairn sexual assault trial of 2004 - Wikipedia, the free encyclopedia
He admitted culpability to two charges of sexual assault against a 12 to 14-year-old girl from 1972 to 1974, when he was 16 to 18, and one charge of indecent assault against another 12-year-old girl in the early 1980s, when he was in his late 20s.
Postmaster Dennis Christian, 48, pleaded guilty on 5 October 2004 to two charges of sexual assault and one of indecent assault against young girls.
A bill was passed by the British Parliament in 2002 to allow a trial in New Zealand, based on Pitcairn law, to be held in 2004.
http://en.wikipedia.org/wiki/Pitcairn_rape_trial_of_2004

  
 BBC NEWS Asia-Pacific Six guilty in Pitcairn sex trial
His son Dave Brown was found guilty of nine indecent assaults, but was cleared of four charges of indecent assault and two of gross indecency.
Dennis Christian pleaded guilty at the trial to one indecent assault and two sexual assault charges
Steve Christian, who claims to be a direct descendant of Bounty mutineer leader Fletcher Christian, was convicted of five rapes and cleared of four indecent assaults and one rape
http://news.bbc.co.uk/2/low/asia-pacific/3950033.stm

  
 BBC NEWS Asia-Pacific Pitcairn sex trial men sentenced
A seventh man, the island's magistrate Jay Warren, was cleared of indecent assault.
Dennis Christian, 49, the postmaster and another descendant of Fletcher Christian, pleaded guilty at the trial to one indecent assault and two sexual assault charges.
His son, Randy Christian, who was convicted of four rapes and five indecent assault charges, received six years in prison
http://news.bbc.co.uk/2/hi/asia-pacific/3963863.stm

  
 Best Interests : October 2004 Archives
The trials concluded yesterday of seven island men, initially charged with committing 55 counts of sexual abuse, rape and indecent assault, dating back to 1964, against girls as young as five.
The son of Pitcairn's mayor, Randy Christian, is the latest man to go on trial, accused of five rapes and seven indecent assaults.
Question No. 1 deals with a 2003 decision on a state law carrying a maximum 20-year prison term for anyone who sexually molests or assaults a minor under age 14 three or more times.
http://www.childadvocacy.com/archives/2004_10.php

  
 Pitcairn Island sex fiend's jokes turn to tears
Pitcairn's former magistrate, Jay Warren, was acquitted of the only charge he faced -- indecently assaulting a 12-year-old girl when he was 27 in 1983.
Six Pitcairn men were found guilty of committing shocking child sex crimes over the past 40 years, including incest, rape and indecent assault against girls as young as seven.
Mayor Steve Christian, described by prosecutors as "the leader of the pack", was found guilty of five rapes of girls as young as 11, and acquitted of four indecent assaults and one rape.
http://www.freerepublic.com/focus/f-news/1256690/posts

  
 Mutiny descendants guilty in sex trial - The Washington Times: World - October 26, 2004
He was cleared of four charges of indecent assault and one charge of rape but convicted of five other rape charges.
SYDNEY, Australia — Six men have been convicted of charges ranging from rape to indecent assault after trials that exposed a culture of sexual abuse on their small Pacific island, home to descendants of the 18th-century mutineers from the British ship H.M.S. Bounty.
That case is expected to be heard next year in New Zealand.
http://www.washtimes.com/world/20041025-102842-9456r.htm

  
 New Bedford District Court: 11/ 6/ 2003
Robert Medeiros, 63, 123 Ray St., Fall River, indecent assault and battery on a person over age 14, dismissed; assault and battery on a person age 60 or older/disabled with injury, continued without a finding until Oct. 27, 2004.
Alex Muniz, 22, 49 Cherokee Court, New Bedford, malicious destruction of property worth more than $250, assault and battery, nine months house of correction; breaking and entering with intent to commit a misdemeanor, dismissed.
Victor Barroso, 29, 25 Ledgeview Drive, Freetown, four counts of assault and battery with a dangerous weapon, assault and battery, operating a motor vehicle to endanger, malicious destruction of property worth more than $250, dismissed, fined $400; driving while license is suspended, continued without a finding until Oct. 24, 2004.
http://www.southcoasttoday.com/daily/11-03/11-06-03/a06lo590.htm

  
 Boston.com / News / Local / Mass. / Suspended priest charged with indecent assault and battery
A priest on leave from a Millville church has been charged with one count of indecent assault and battery.
Gagnon will be arraigned May 17 in Uxbridge District Court, according to Conte's office.
This material may not be published, broadcast, rewritten, or redistributed.
http://www.boston.com/news/local/massachusetts/articles/2004/04/03/suspended_priest_charged_with_indecent_assault_and_battery

  
 Six Found Guilty in Pitcairn Sex Offences Trial
She insisted that the allegations of rape and indecent assault appeared different to Pitcairn islanders.
Six descendants of the original mutineers on the Bounty were found guilty yesterday of 32 sexual assault offences in one of the last and remotest outposts of the British empire.
The men convicted yesterday are due to be sentenced on Thursday, but the proceedings will remain subject to appeal.
http://www.buzzle.com/editorials/10-25-2004-60823.asp

  
 CBC News: Sex trial on Pitcairn Island nearing end
Christian, 53, a descendant of the famous British mutineer Fletcher Christian, has pleaded not guilty to six charges of rape and four of indecent assault of four women from 1964 to 1975.
However the court has declared that even if found guilty, none of the men will be sent to jail before another court hearing in New Zealand next year.
One woman told the court she was raped as a 10-year-old but did not feel she could tell anybody.
http://www.cbc.ca/story/world/national/2004/10/20/pitcairn04102-.html

  
 Go Asia Pacific On Location Pacific - PITCAIRN ISLAND.: Landmark sexual abuse trial set to kick off
Since then, seven of the island's men, around half the adult males, have been charged with a total of 96 counts of sexual abuse, ranging from indecent assault to the rape of a five-year-old girl.
FIJI: Paramount chief told to find lawyer for mutiny trial
BRADFORD: Just getting to Pitcairn has been a huge mission for the judges and lawyers about to try this case.
http://www.goasiapacific.com/location/pacific/GAPLocPacificStories_1208600.htm

  
 ABC Asia Pacific - News - Sexual abuse trials involving Pitcairn Islanders continue
Seven Pitcairn men have pleaded not guilty to a total of 55 sex abuse charges, including indecent assault on a five-year-old girl and the rape of a young teenager.
Yesterday, a witness giving evidence in the trial against the now Pitcairn mayor, Steve Christian, told the court that abuse and rape was the normal way of life on the island.
Names released of Pitcairn men facing sex abuse trial »
http://abcasiapacific.com/news/stories/asiapacific_stories_1211882.htm

  
 200301271%20UNPUB.doc
Without an explanation of the nature and definition of assault and the specific intent required of an indecent assault, the appellant was not adequately informed of two critical elements of an offense.
Conclusion Because the record before us does not evidence, either explicitly or inferentially, that the appellant understood the nature of assault and the specific intent required for his acts to constitute an indecent assault, we conclude that the appellant’s plea of guilty to indecent assault is improvident.
Although indecent assault and indecent acts are both violations of Article 134, UCMJ, and indecent acts is a lesser included offense of indecent assault, MCM, Part IV ¶ 63d(2), the two offenses require explanation of different elements and definitions.
http://www.jag.navy.mil/NMCCA/200301271%20UNPUB.doc

  
 House of Lords - Regina v. K
The rule that a person under the age of 16 could not in law consent to what would otherwise be an indecent assault led to the description of an offence under section 14(1) or 15(1) against a victim under the age of 16 as an absolute offence or an offence of strict liability.
He appealed by leave of the trial judge, and it was argued that, to avoid absurdity, the statutory defence should be available in relation to the indecent assault charge as well as the carnal knowledge charge, where the indecent assault was the act of carnal knowledge.
In that case the charge was one of indecent assault contrary to section 14(1) of the 1956 Act and the victim was an adult.
http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd010725/k-1.htm

  
 Maghsoudi v. Immigration and Naturalization Service (06/14/1999, No. 98-1264)
Along with the indecent assault conviction, Maghsoudi was simultaneously convicted of drug possession and distributing obscene materials; however, the INS did not claim that these were convictions involving moral turpitude.
Section 13B criminalizes indecent assault on a child under age fourteen, and we presume that "indecent" assaults not falling under sections 13B or 13F are encompassed by section 13H.
It is indisputable that we have jurisdiction to determine whether indecent assault was a "crime involving moral turpitude" for purposes of determining whether IIRIRA § 309(c)(4)(G) preclusion of judicial review applies here.
http://www.law.emory.edu/1circuit/june99/98-1264.01a.html

  
 Men Against Sexual Assault and Rape
Otherwise, indecent assault is a misdemeanor of the second degree.
(b) Grading.--Indecent assault under subsection (a)(7) is a misdemeanor of the first degree.
(a) Offense defined.--A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if:
http://www.students.haverford.edu/masar/law/PCSChapter31Full.htm

  
 ILW.COM - Indecent Assault a Crime of Violence
Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
We agree with the reasoning of these cases and find that in indecent assault and battery cases, the non-consent of the victim is a touchstone for determining whether a crime "involves a substantial risk that physical force against the person.
In Massachusetts, the crime of indecent assault and battery on a person over the age of fourteen carries a maximum term of incarceration of five years in a state prison or two and one-half years in a jail or house of correction.
http://www.ilw.com/lawyers/immigdaily/cases/2000,0919-Sutherland.shtm

  
 Harvard University Police Department
Indecent assault and battery is a felony that may be punishable by up to five years imprisonment.
Under Massachusetts General Laws, Chapter 112, Section 12A1/2, the University Health Services is required to forward a confidential report of rape or indecent assault and battery to the Police Chief or Commissioner in the jurisdiction in which the alleged assault occurred.
Massachusetts General Laws Chapter 41, Section 97D establishes that reports of rape and indecent assault and battery (or attempts to commit those offenses) are not public documents.
http://www.hupd.harvard.edu/help_assault.php

  
 Appeal for information on indecent assault : Kwai Chung
Police are appealing to victims of indecent assault cases who have not made a report to the Police to come forward.
The man was charged with one count of indecent assault and will appear in Tsuen Wan Magistrates' Courts tomorrow (November 10).
After investigations into two cases of attempt indecent assault and one case of indecent assault which occurred in Lai Yiu Estate, Kwai Chung in October last year, officers of Kwai Chung District Crime Squad made the arrest.
http://www.info.gov.hk/police/pprb/peb/english/110903_e.html

  
 U.S. v. Wright
With regard to the alleged indecent assault of Airman [D], it is proffered that she will testify that the assault occurred when the Accused placed his hand on her vaginal area when she was bending over at work in the Dental Clinic.
The Accused is also charged with rape of Airman [D] on 26 April 1996, indecent assault of Airman [D] in August 1996, as well as housebreaking of Airman [P]’s room on 16 [sic] October 1996, that is, unlawfully entering her room with the intent to commit the criminal offense of indecent assault.
The Court finds that the indecent assault committed upon Airman [P] on 18 October 1996 may be considered by the Court members, along with any other evidence properly admitted on the other charged offenses, for its bearing on the guilt or innocence of the Accused.
http://www.armfor.uscourts.gov/opinions/2000Term/99-0318.htm

  
 The Pagan Prattle Online: Pastor convicted of indecent assault
Pastor Douglas Goodman was cleared of two counts of indecent assaults, and the jury could not come to a verdict on a further seven indecent assault charges, or on one rape charge.
Listed below are links to weblogs that reference 'Pastor convicted of indecent assault' from The Pagan Prattle Online.
A London pastor has been convicted of two counts of indecent assault against a woman in his congregation, plus one attempted sex assault and perverting the course of justice.
http://www.prattle.net/archives/001369.html

  
 iafrica.com news sa news 'Father Xmas' guilty of indecent assault
Instead he was found guilty of indecent assault, which means he is now to be sentenced on four counts of indecent assault instead of three, and on the child pornography counts.
James McNeil, dubbed the Father Christmas paedophile because he was known for dressing up and playing the part of Santa Claus, was found guilty in the Cape Town Regional Court on Friday on three counts of indecent assault, and possession of child pornography.
McNeil, a retired electronics and electrical businessman, appeared before Magistrate Pam Naidoo, and was prosecuted by Brenda Roodt on six charges — one of rape, three of indecent assault and two involving the possession of child pornography.
http://iafrica.com/news/sa/197324.htm

  
 Family Law and Violence against Women - Rape, incest and indecent assault
Indecent assault law says that it is a crime for anyone (man or woman) to hurt someone else (man, woman or child) in a sexual or indecent way.
In indecent assault it is enough to prove that the act was done to make it a crime.
They feel that all crimes of sexual violence (rape, incest, indecent assault) against women and men should fall under a category of sexual assault, with the legal definition focussing on the force used against the survivor or victim and not on the issue of consent.
http://www.paralegaladvice.org.za/docs/chap07/08.html

  
 1987scr2_0618.txt
Where the act causing death and the acts constituting the indecent assault all form part of one continuous sequence of events forming a single transaction, the death is caused "while committing" an offence for the purposes of s.
A murder committed after the accused had committed the indecent assault was not a first degree murder.
105, which was in force at the time of the commission of the offence provided that murder is first degree murder when the death is caused by a person while the person is committing indecent assault.
http://www.lexum.umontreal.ca/csc-scc/en/pub/1987/vol2/texte/1987scr2_0618.txt

  
 MDAA - From the Courts
Indecent assault and battery is a lesser-included offense of statutory rape; therefore a fact-finder must find independent acts sufficient to support convictions on both charges.
Jury instructions: Because the crime of indecent assault and battery on a child is a lesser-included offense of statutory rape, to convict on both crimes there must be evidence of separate and distinct criminal acts.
He was later convicted of indecent assault and battery on a child and rape of a child.
http://www.mass.gov/mdaa/courts/howze.html

  
 wfbcjcan.txt
As of 1983, the terms "rape" and "indecent assault" were replaced by "sexual assault".
The definition of sexual assault can be ascertained by combining Sections 265 and 271 of the Canadian Criminal Code: Section 265 (Assault) states that "(1) A person commits an assault when [generally] without the consent of another person, he applies force intentionally to that other person, directly or indirectly,...
In general, it is an assault under Section 265(1) committed in circumstances of a sexual nature such as to violate the sexual integrity of [the victim].
http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjcan.txt

  
 Regina v Price
On his appeal against conviction of indecent assault, it was contended on his behalf that his actions were incapable of amounting to an indecent assault.
In their Lordships' judgment the evidence that the appellant had stroked the complainant's legs below the knee, if believed by the jury, was capable of amounting to an indecent assault.
In Court, at p 42, it was suggested by Lord Ackner that the jury should be asked to decide whether "right-minded persons would consider the conduct indecent or not".
http://www.lawreports.co.uk/crimjulc0.3.htm

  
 Military court sentences airman for indecent assault
Each of the three indecent assault guilty findings represented a victim who was assaulted during Sentance's assignment at Keflavik Naval Air Station, Iceland, and at Vandenberg from Dec. 1, 1998, to May 10, 2000.
Although the details of each indecent assault differed, the general environment that led to them was similar.
Sentance was charged with four violations of the Uniform Code of Military Justice: Article 120 for rape; Article 125 for sodomy; Article 134 for indecent assault; and Article 128 for simple assault.
http://www.af.mil/news/Apr2001/n20010423_0546.asp

  
 U.S. v. Davis
Thus, the reduction by the Court of Criminal Appeals of the charge from assault with intent to commit rape to the lesser charge of indecent assault was a significant change in the circumstances of appellant’s trial.
I now am aware that indecent assault is a lesser included offense of assault with intent to commit rape.
The verdict for assault with intent to commit rape was not unanimous and the issue of A1C Davis’s intent was the focus of much discussion by the members of the jury.
http://www.armfor.uscourts.gov/opinions/1997Term/97-0957.htm

  
 Post-Crescent - West Point cadet admits indecent assault
Tracey L. Rivers, a second-year cadet from Superior, was originally charged under the Uniform Code of Military Justice with one count of rape, three counts of housebreaking, one count of conduct unbecoming an officer and a gentleman, and five counts of indecent assault, unlawful entry and disorderly conduct.
WEST POINT, N.Y. — A West Point cadet from Wisconsin has been sentenced to four years in military prison and dismissal from the Army after pleading guilty to indecent assault and other charges, the U.S. Military Academy said.
Post-Crescent - West Point cadet admits indecent assault
http://www.wisinfo.com/postcrescent/news/archive/local_20565043.shtml   (366 words)

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