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Sexual Touching a Child Under the Age of 10 Years

Sexual Touching a Child Under the Age of 10 Years is an offence under Section 66DA of the Crimes Act 1900, which carries a maximum penalty of 16 years in prison.

To establish the offence, the prosecution must prove beyond a reasonable doubt that:

  1. You sexually touched a child under the age of 10, or
  2. You incited the child to sexually touch themselves, or
  3. You incited a third person to sexually touch the child, or
  4. You incited the child to sexually touch a third person

‘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:

  1. Whether there is touching of the genitals, or the breasts of a female, or the breasts of a person who identifies as female
  2. Whether the act was for sexual arousal or gratification, and
  3. Whether any other aspect of the touching, or the surrounding circumstances, make it sexual
Touching is not sexual if it is carried out for a genuine medical or hygienic purpose.

Defences to the charge include:

  1. Duress, and
  2. Lawful correction of a minor

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