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The offence of ‘Sexual touching’ came into effect in 2018. It is intended to replace the charge of Indecent assault.
Facing such a charge is a frightening experience for not only yourself, but your friends and family as well. That is why it is important to speak to an experienced sexual touching lawyer as soon as possible.
We have over 10 years’ experience defending both indecent assault and sexual touching charges. You can see our recent results for sexual touching charges.
Contact us today to speak to our Law Society accredited specialist criminal lawyer.
Under Section 61KC of the Crimes Act 1900 (NSW), Sexual touching is defined as touching another person with any part of your body, or with anything else, in circumstances where a reasonable person would consider the touching to be sexual.
To determine whether a reasonable person would find the touching to be sexual, the court can take into account:
This is a ‘Table 2’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.
You can fight a sexual touching charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
Secondly, there are defences open to you.
Any allegation of a sexual nature is treated extremely seriously. Since the #metoo movement, there has been a significant change in the attitudes of Magistrates, Judges and juries which has made fighting such allegations more difficult than ever before.
That is why it is crucial that you speak to a specialist criminal lawyer for sexual touching charges as soon as possible to begin preparing your defence.
Contact us today to speak to our friendly team.
Under Section 61KD of the Crimes Act 1900 (NSW), the definition if aggravated sexual touching is touching someone in a sexual manner while a circumstance of aggravation exists.
This is a ‘Table 1’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless you or the prosecution elects to deal with it in the District Court.
You can fight an Aggravated sexual touching charge in two ways. In addition to the elements of a regular sexual touching offence, the prosecution must prove beyond reasonable doubt:
If none of the above elements can be proven, you can be found ‘not guilty’ of this offence. However, you may still be guilty of a regular sexual touching offence.
Secondly, there are defences which are available.
You can be found ‘not guilty’ to this charge if one of the following defences to sexual touching apply:
If after receiving detailed advice from an accredited specialist in criminal law, you decide that the best course if for you to plead guilty, we will need to begin preparing for sentencing.
Our guide will be of some general assistance, but you will need to consult a specialist sexual touching lawyer for representation in Court and advice specific to your case.
Contact us now to speak to our friendly team.
The maximum penalty for Sexual touching is 5 years imprisonment if dealt with on indictment (ie. The prosecutor chooses to have the case proceed to the District Court). The maximum penalty in the Local Court is 2 years imprisonment.
There is also an offence of Aggravated Sexual Touching which carries a maximum penalty of 7 years imprisonment if dealt with on indictment (ie. If the case proceeds to the District Court). The maximum penalty in the Local Court is 2 years imprisonment.
Below is a list of sentencing options for sexual touching charges:
Offences of this nature often result in a term of imprisonment. This is borne out in the sentencing statistics set out below.
Statistics since 2018 reveal that 33% of offenders were sentenced to some form of jail for this offence. 16% were sentenced to full-time imprisonment. 16% of offenders received no criminal conviction for sexual touching. All remaining offenders received criminal convictions.
As you can see, the Courts take this offence very seriously. That is why you should consult Australia’s best sexual touching lawyers.