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KembaraXtra-Case Law-Study Guide: Pratt (1984) CC
Indecent Assault & Mens Rea
Case: Pratt (1984) CC
Facts:
Indecent Assault & Mens Rea
Case: Pratt (1984) CC
Facts:
- Defendant (D) charged with indecent assault on two 13-year-old boys.
- Boys were fishing at night.
- D, wearing a stocking mask, threatened the boys, pretending to have a gun.
- D forced the boys to almost completely undress, exposing their private parts.
- Each boy was forced to shine a torch on the other while undressing.
- D did not physically touch the boys and maintained a distance.
- D claimed his motive was to search the boys for stolen cannabis.
- Does the act constitute indecent assault if there is no indecent intention, even if the act itself is objectively indecent?
- To prove indecent assault, the prosecution must prove:
- A common law assault.
- Objective indecency as a question of fact.
- Mens rea (guilty mind) in respect of the indecency.
- Crucially: If there is no indecent intention, there cannot be an indecent assault.
- Indecent assault requires both an objectively indecent act and a corresponding indecent intention (mens rea). The actus reus (guilty act) alone is not sufficient for a conviction. The prosecution needs to prove the mens rea.
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