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.
