Sexual Touching of a Young Person Under Special Care is an offence under section 73A of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison where the young person was at least 17 but less than 18 years of age, or 4 years in prison where the young person was at least 16 but less than 17 years of age.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You sexually touched a young person, or you incited a young person to sexually touch themselves, or you incited a third person to sexually touch a young person, or you incited a young person to sexually touch a third person, and
- You did so intentionally
‘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.
Matters that are relevant when determining whether touching is sexual include:
- 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
A ‘young person’ is a person aged at least 16 but less than 18 years.
A young person was under your ‘special care’ if:
- You were his or her step-parent, guardian, authorised carer, or the de facto partner of his or her parent, guardian or authorised carer
- You were a member of the teaching staff at his or her school
- You established a personal relationship with him or her in connection with the provision of religious, sporting, musical or other instruction
- You were a custodial officer at an institution where he or she was an inmate, or
- You were a health professional and he or she was your patient
You cannot be found guilty if you were married to the young person.
Touching is not sexual if it was carried out for a genuine medical or hygienic purpose.
Duress is a defence to the charge.
If you are going to court for Sexual Touching Young Person Between 16 and 18 Under Special Care, 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 73A of the Crimes Act 1900 deals with the offence of ‘Sexual Touching Young Person Between 16 and 18 Under Special Care’ and reads as follows:
73A Sexual Touching Young Person Between 16 and 18 Under Special Care
(1) Any person who intentionally:
(a) sexually touches a young person under the person’s special care, or
(b) incites a young person under the person’s special care to sexually touch the person, or
(c) incites a young person under the person’s special care to sexually touch another person, or
(d) incites another person to sexually touch a young person under the first person’s special care,
is guilty of an offence.
(a) in the case of a young person who is of or above the age of 16 years and under the age of 17 years–imprisonment for 4 years, or
(b) in the case of a young person who is of or above the age of 17 years and under the age of 18 years–imprisonment for 2 years.
(2) A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.
(3) For the purposes of this section, a young person ( “the victim” ) is under the special care of another person ( “the offender” ) if, and only if:
(a) the offender is the parent, grandparent, step-parent, guardian or authorised carer of the victim or the de facto partner of a parent, guardian or authorised carer of the victim, or
(b) the offender is a member of the teaching staff of the school at which the victim is a student, or
(c) the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or
(d) the offender is a custodial officer of an institution of which the victim is an inmate, or
(e) the offender is a health professional and the victim is a patient of the health professional.
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Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
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 are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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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.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
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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For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
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And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
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Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
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In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
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Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
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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.