Aggravated Sexual Touching
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:
- Self-Defence
- Duress
- Necessity, and
- Lawful correction of a minor
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