Sexual Touching
What is Sexual Touching?
If police allege that you intentionally sexually touched another person and it was not with the consent of that person, you can be charged with ‘Sexual touch another person without consent’. This is governed under Section 61KC Crimes Act 1900 (NSW).
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When to reach out to a criminal defence lawyer
Given the extremely severe penalties available to the court if found guilty of this offence, we strongly recommend you contact our passionate, expert criminal lawyers who have experience in handling matters of this severity.
Our team have experience in these cases and have been successful in securing favourable outcomes for our clients. We are available 24/7 to discuss your case in more detail.
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FAQ
What is Sexual Touching?
Sexual touching includes physical contact with the genitalia, anus, buttocks or female breasts by a part of the body or with anything else; or through anything, including anything worn by the person touching or being touched in circumstances where a reasonable person would consider the touching to be sexual.
What makes physical contact ‘sexual’?
When determining this, the matters to be taken into account are:
- Whether the area of the body touched is a genital area, anal area or breasts;
- Whether the person doing the touching does so to obtain sexual arousal or gratification;
- Whether any other aspect of the touching makes it sexual.
What do the police have to prove?
In relation to Sexual Touching, the prosecution must prove:
- You touched a person;
- A reasonable person would form the view that the touching is sexual;
- There was no consent by that person;
- You were aware the person was not consenting to the touch.
If the police fail to prove any of the above elements, the charge will be dismissed.
What is the maximum penalty?
The maximum penalty for this offence is 5 years imprisonment.
The maximum penalty is reserved for the most serious examples of this offending. It is important you get in touch with our legal team to discuss this further.
What Court are these charges heard in?
This offence is a T2 table offence and is capable of being dealt with in the Local and District Court.
Oftentimes, unless accompanied with further offences, sexual touching will finalise in the Local Court.
Can I defend this charge?
Yes, some available defences are:
- It was for proper medical or hygienic purposes;
- There was consent;
- The touching was not sexual;
- False allegations were made against you.
Is there any benefit to Pleading Guilty?
On a Plea of Guilty at an early stage, you will receive a mandatory 25% discount on sentence, which is designed to reduce the seriousness of the penalty. If a Plea of Guilty is entered at a later stage, you may still receive some form of utilitarian discount.
What documents would I need if I plead Guilty?
It is important to consider getting a Psychological Report to provide the court with a fulsome outline of your life and circumstances surrounding the offending.
In addition, an apology letter to the court and victim as well as good character reference letters are very helpful.
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Or contact us at (02) 8067 8361