Sexual Offences Archives

Sexual Touching Young Person in Special Care

A charge of sexual touching a young person in special care relates to the complainant being in a vulnerable position. For example, because the accused is their teacher, parent or medical practitioner.

What is Sexual Touching in Special Care?

The touching must be sexual and it must occur while the victim is under the special care of the accused. Read our article for more information on what ‘sexual touching‘ means.

In addition, special care is when the offender is:

A parent, grandparent, step-parent, guardian or authorised carer of the victim
A teacher at the school where the victim attends
A custody officer and the victim is an inmate
A health professional and the victim is their patient
There is an established personal relationship with the victim through a religious, sporting or musical group

Can I avoid a criminal record for sexual touching under special care?

A court will likely convict you. However, it’s possible to avoid a conviction for less serious offences.

Will I go to jail?

The maximum penalty depends on the age of the alleged victim at the time of the offence:

If the alleged victim was aged 16, the maximum penalty is 4 years imprisonment.
If the alleged victim was aged 17, the maximum penalty is 2 years imprisonment.

Therefore, it is possible to go to jail. This includes first time offenders.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Touched another person, and
The touching is sexual in nature, and
The touching occurred in circumstances where the victim was under your special care

Whether or not the victim consented to the sexual touching is not a relevant consideration. As a result, the victim is considered to be unable to consent to sexual act because they are in special care.

You will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced lawyers appear in Local and District Courts in Newcastle, Sydney and throughout NSW. We specialise in criminal law. As a result, we know the law, we know the magistrates and judges, and we know how to help you get the best possible outcome.

Sexual Touching

If you’ve been charged with sexual touching, we are here to help. We’ve answered some frequently asked questions below. In addition, if you require advice contact us for a free initial consultation.

What is ‘sexual touching’?

This charge used to be known as indecent assault. It’s defined as any touching that is 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).

The maximum penalty is 5 years imprisonment in NSW.

What makes the touching ‘sexual’?

There are a number of factors taken into account to determine whether touching is sexual. These include:

If the touching was on the person’s genital or anal area or breasts
Whether the person doing the touching does so in order to obtain sexual arousal or sexual gratification
If any other aspect of the touching makes it sexual

Can I avoid a criminal record for sexual touching?

A conviction is likely.

However, it’s possible to avoid a criminal conviction. As a result, a conditional release order could be imposed. The likelihood of this outcome depends on the seriousness of the offence, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

Jail is possible. This includes first time offenders, if the offence is serious. However, there are alternative sentencing options a court can consider. These include an intensive corrections order, community corrections order and a conditional release order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Touched another person, and
The touching is sexual in nature, and
The alleged victim did not consent to the touching, and
You knew the alleged victim was not consenting.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced lawyers appear in Local and District Courts in Newcastle, Sydney and throughout NSW.

It is important you feel confident in our legal representation. Contact us today on 0421 700 497 for a free initial consultation.

Sexual Offences

Sexual Touching Young Person in Special Care

What is Sexual Touching in Special Care?

Can I avoid a criminal record for sexual touching under special care?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Sexual Touching

What is ‘sexual touching’?

What makes the touching ‘sexual’?

Can I avoid a criminal record for sexual touching?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help