Aggravated sexual touching carries a higher maximum penalty, because the alleged conduct occurred in more serious circumstances.
We’ve explained this below. However, if you require advice or representation, contact us for a free initial consultation.
What does it mean for the sexual touching to be aggravated?
The touching must be sexual and it must occur within a specific circumstance, known as a circumstance of aggravation.
Sexual touching is defined as any touching that’s done with any part of the body, or with anything else. Therefore, it can be through clothing. In addition, it can be committed if the touching is with an object, rather than a “skin to skin” touch.
It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).
In addition, circumstances of aggravation include:
- The alleged victim was under your authority
- The alleged victim has a serious physical disability or cognitive impairment
- The offence was ‘in company’
As a result, the charge is more serious. This results in the maximum penalty increasing from 5 to 7 years imprisonment.
Will I get a criminal record?
A court will likely convict you. However, it is possible to avoid a conviction for less serious offences.
A community corrections order is often given, provided the offence is not too serious.
Will I go to jail?
Yes, it is possible to go to jail. This includes first time offenders.
However, there are alternatives to imprisonment. For example, an intensive corrections order or community corrections order.
We can help
Contact us today on 0421 700 497 for a free initial consultation.
