Aggravated Sexual Touching is an offence under section 61KD of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond a reasonable doubt that:
- Without the consent of the other person (the complainant), and
- Knowing the complainant did not consent
- You sexually touched the complainant, or incited the complainant to sexually touch themselves, or incited a third person to sexually touch the complainant, or incited the complainant to sexually touch a third person, and
- You did so in ‘circumstances of aggravation’
‘Sexual Touching’ is touching another person with any part of the body, or through anything, including clothing, where a reasonable person would consider it to be sexual.
- Whether there is touching of the genitals, or the breasts of a female, or the breasts of someone who identifies as female
- Whether the act was for sexual arousal or gratification, and
- Whether any other aspect of the touching, or the surrounding circumstances, make it sexual
‘Circumstances of aggravation’ are present where:
- You were with another person or persons, or
- The complainant was under your authority, or
- The complainant had a serious physical disability, or
- The complainant had a cognitive impairment
Touching is not sexual if it was carried out for a genuine medical or hygienic purpose.
Defences to the charge include:
- Necessity, and
- Lawful correction of a minor
If you are going to court for Aggravated Sexual Touching, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 61KD of the Crimes Act 1900 deals with the offence of ‘Aggravated Sexual Touching’ and reads as follows:
61KD Aggravated Sexual Touching
(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, is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(2) In this section,
“circumstances of aggravation” means circumstances in which:
(a) the alleged offender is in the company of another person or persons, or
(b) the alleged victim is (whether generally or at the time of the commission of the of fence) under the authority of the alleged offender, or
(c) the alleged victim has a serious physical disability, or
(d) the alleged victim has a cognitive impairment.
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Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
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Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We have the best and most comprehensive client review record of any law firm in Australia.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
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We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at email@example.com.