The elements required for this offence to subsist are 'Lewd acts accompanied with violence' - this refers to any act that is sexual in nature accompanied by violence, by which the act offends the sense of decency of the victim, and which does not amount to rape. The sexual act does not need to involve either passive or active subject’s genital organs.
With reference to violence, this does not need to be of a high degree of physical or moral violence - what is required is that the passive subject is subjected to something against their will. Examples include pulling down the victim’s skirt, inappropriate touching, and non-consensual kissing.
Such indecent acts need not be committed on the person of the passive subject. There need not be physical contact between the active subject and passive subject. An example would be to undress in front of the passive subject against the latter’s will to the point of offending his or her sense of decency.
Only the generic intent is required, no specific intent is required. Thus what is required is that there is the conscious and free will to commit a lewd act with violence offending the morality of another person. It is no defence for the active subject to plead that although he was aware that his actions were lewd, he did not intend to offend the morality of another person. The fact that he committed the actions with violence is sufficient.