Aggravated Sexual Act is an offence under section 61KF of the Crimes Act 1900 which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Sexual act’ is any act, other than sexual touching, carried out in circumstances where a reasonable person would consider it sexual.
Matters considered when deciding whether an act was sexual include:
Conduct which may amount to a sexual act includes:
‘Circumstances of aggravation’ are present where:
An act is not sexual if it was carried out for a genuine medical or hygienic purpose.
Defences to the charge include:
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