Sexual Touching

THINGS YOU NEED TO KNOW:

1. Sexual Touching is a serious indictable offence under Section 61KC of the Crimes Act 1900 (NSW) and replaced the previous criminal offence of Indecent Assault.
2. A number of defences against a conviction of Sexual Touching are available.
3. The maximum penalty available to the Court for the criminal offence of Sexual Touching is 5 years imprisonment.
4. Sexual Touching matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Sexual Touching.

The criminal offence of Sexual Touching can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE DEFINITION OF SEXUAL TOUCHING?

Section 61HB of the Crimes Act 1900 (NSW) defines sexual touching for the purposes of this offence as a person touching another person with any part of the body or with anything else, or through anything, including anything worn by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual.

WHAT IS THE CRIMINAL OFFENCE OF SEXUAL TOUCHING?

The criminal offence of Sexual Touching replaced the criminal offence of Indecent Assault. The repealed provisions pertaining to Indecent Assault continue to apply to offences committed or alleged to have been committed before 1 December 2018.

Section 61KC of the Crimes Act 1900 (NSW) defines the criminal offence of Sexual Touching as:

Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent intentionally:

• Sexually touches the complainant, or
• Incites the complainant to sexually touch the accused person, or
• Incites a third person to sexually touch the complainant, or
• Incites the complainant to sexually touch a third person.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF SEXUAL TOUCHING?

Section 61KC of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 5 years imprisonment for a person convicted of the criminal offence of Sexual Touching.

Other penalties available for a conviction of the criminal offence of Sexual Touching include a Conditional Release Order (CRO) Without Conviction (often referred to as a Section 10), a Fine, CRO with Conviction, Community Correction Order (CCO) and Intensive Correction Order (ICO).

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Sexual Touching charge if the prosecution cannot prove beyond reasonable doubt that you, without the consent of the complainant, and knowing that the complainant did not consent, sexually touched the complainant, or incited the complainant to sexually touch you, or incited a third person to sexually touch the complaining or incited the complainant to sexually touch a third person.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF SEXUAL TOUCHING?

Duress: You may defend a Sexual Touching charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not commit the act or acts that the prosecution alleges you committed.

Consent: That the complainant consented to the act or acts which you are alleged to have committed, or that you did not know that the complainant did not consent.

Proper medical or hygienic purposes: That the touching was carried out solely for proper medical or hygienic purposes.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF SEXUAL TOUCHING?

If you are convicted of the criminal offence of Sexual Touching, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• Criminal history, particularly involving sexual offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE SEXUAL TOUCHING OFFENCES HEARD IN?

The criminal offence of Sexual Touching is heard in the Local Court and District Court.

If the matter is finalised in the Local Court, the maximum penalty available is a maximum term of 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Sexual Touching offences in the Local Court and District Court.

AGGRAVATED SEXUAL TOUCHING

Section 61KD of the Crimes Act 1900 (NSW) establishes the separate criminal offence of Aggravated Sexual Touching. This offence deals with Sexual Touching occurring in Circumstances of Aggravation, which the legislation defines as circumstances in which:

• The accused person is in the company of another person or persons, or
• The complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
• The complainant has a serious physical disability, or
• The complainant has a cognitive impairment.

Section 61KD of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 7 years imprisonment for a person convicted of the criminal offence of Aggravated Sexual Touching.

The Crimes Act 1900 (NSW) also established the separate criminal offences of Sexual Touching – Child under 10 and Sexual Touching – Child between 10 and 16, each with their own maximum penalties.

If you have been charged with any of these criminal offences, contact the expert criminal lawyers at Criminal Lawyers Group immediately.

CAN I GET BAIL FOR A SEXUAL TOUCHING CHARGE?

Yes, you may be granted bail on a charge of Sexual Touching. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who were charged with serious criminal offences, including Sexual Touching.

WHAT ARE YOUR OPTIONS?

When facing a Sexual Touching charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT CRIMINAL LAWYERS GROUP NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.