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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:
‘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.
‘Circumstances of aggravation’ are present where:
Touching is not sexual if it was carried out for a genuine medical or hygienic purpose.
Defences to the charge include:
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