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 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:
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:
that results in the person requiring supervision or social habitation in connection with daily life activities.
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:
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:
Some of the possible defences available for those charged are:
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