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:
- You sexually touched a child under the age of 10, or
- You incited the child to sexually touch themselves, or
- You incited a third person to sexually touch the child, or
- 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:
- Whether there is touching of the genitals, or the breasts of a female, or the breasts of a person 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
Defences to the charge include:
- Duress, and
- Lawful correction of a minor
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