Sexual Touching
Sexual Touching
Sexual touching is an offence under Section 61KC of the Crimes Act 1900 (NSW), involving any non-consensual sexual contact.
This offence can carry significant penalties and affect your life and your future. Our goal is to examine the facts, challenge the evidence, and explore options for early withdrawal or reduction of charges or not-guilty verdicts.
What Must the Prosecution Prove?
The prosecution must prove:
- Intentional Touching: The accused intentionally touched the victim.
- Lack of Consent: The victim did not consent to the touching.
- Sexual Nature: A reasonable person would view the touching as sexual, this can include touching on the breasts, buttock, vagina, penis and other areas which may cause an individual to be aroused.
Penalties
Penalties for sexual touching include:
District court
- Maximum penalty: Up to 5 years imprisonment.
- Aggravated offence :Up to 7 years imprisonment.
Local Court:
- Maximum penalty: 2 years imprisonment and/or $5,500 fine.
Defences to Sexual Touching
Possible defences include:•
- No Intent: The touching was accidental.
- Consent: The victim consented to the touching.
- Lack of Sexual Nature: The touching was not sexual in nature.
Why You Need Legal Representation
Sexual touching charges are serious and require experienced legal representation. IMS Lawyers Australia can help defend against such charges and protect your rights.
Contact IMS Lawyers Australia today for legal advice and support.
