Aggravated Sexual Touching

Sexual Touching is when the touching is considered of a sexual nature and is without consent and has a circumstance of aggravation present. Such as the sexual touching without consent occurs in the done in the company of another person or persons, or the victim is under the authority of the alleged offender, or the victim has a serious physical disability or cognitive impairment or the victim is under 16 years of age.

 

THE LAW

The Law in relation to Aggravated Sexual Touching is found in section 61KD of the Crimes Act 1900 (NSW) which states:

(1)  Any person (the alleged offender) who without the consent of another person (the alleged victim) and knowing that the alleged victim does not consent and in circumstances of aggravation intentionally—

(a)  sexually touches the alleged victim, or

(b)  incites the alleged victim to sexually touch the alleged offender, or

(c)  incites a third person to sexually touch the alleged victim, or

(d)  incites the alleged victim to sexually touch a third person,

Sexual touching means a person touching another person—

(a)  with any part of the body or with anything else, or

(b)  through anything, including anything worn by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual.

circumstances of aggravation include:

  1. The alleged offender is in the company of another person or persons;
  2. The alleged victim is under the authority of the alleged offender;
  3. The alleged victim has a serious physical disability; or
  4. The alleged victim has a cognitive impairment or
  5. The person is under 16 years of age.

Under authority means

a person is “under the authority of another person” if the person is in the care or under the supervision or authority, of the other person

Cognitive impairment means

the person has:

  • An intellectual disability; or
  • a development disorder; or
  • A neurological disorder; or
  • Dementia; or
  • A severe mental illness; or
  • A brain injury.

that results in the person requiring supervision or social habitation in connection with daily life activities.

 

MAXIMUM/POSSIBLE PENALTIES

For the offence of Aggravated Sexual Touching the offender can be imprisoned for seven years.

However, these penalties are levied only in the worst-case scenario.

In NSW, a court can impose the following penalties for an Aggravated Sexual Assault of:

  • Full-time imprisonment; or
  • An Intensive Correction Order (ICO); or
  • A Community Correction Order (CCO); or
  • A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

Since Aggravated Sexual Touching is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove a person’s guilt beyond reasonable doubt being: 

  • that the accused touched the complainant; and
  • the touching was sexual; and
  • that the touch was without the consent of the complainant; and
  • that the accused knew that the complainant was not consenting, or he/she realised but went ahead anyway, or they did not even think about whether the complainant was consenting or not – in other words, that the accused did not care whether the complainant was consenting;
  • And one of the aggravation circumstances are met either: -
  • The alleged offender is in the company of another person or persons; or
  • The victim is under the age of 16 years; (consent is irrelevant) or
  • The alleged victim is under authority of the alleged offender; or
  • The alleged victim has serious physical disability; or
  • The alleged victim has a cognitive impairment.

 

DEFENCES

Some of the possible defences available for those charged are:

  • You did not touch the person;
  • You did not commit a sexual act;
  • The act was not done towards another person;
  • The act was not committed in circumstances of aggravation; 
  • The act was consensual.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

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