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Sexual Act is an offence under section 61KE of the Crimes Act 1900 which carries a maximum penalty of 18 months in prison or 2 years if it involves a child between 10 and 16 years of age or 7 years if it involves a child under 10
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Sexual act’ is defined as any act, other than sexual touching, carried out in circumstances where a reasonable person would consider it to be sexual.
Matters considered when deciding whether an act is sexual include:
Conduct which may amount to a sexual act includes:
An act is not sexual if carried out for a genuine medical or hygienic purpose
Defences to the charge include:
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