Sexual Touching of a Young Person Under Special Care is an offence under section 73A of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison where the young person was at least 17 but less than 18 years of age, or 4 years in prison where the young person was at least 16 but less than 17 years of age.
To establish the offence, the prosecution must prove beyond 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.
Matters that are relevant when determining whether touching is sexual include:
A ‘young person’ is a person aged at least 16 but less than 18 years.
A young person was under your ‘special care’ if:
You cannot be found guilty if you were married to the young person.
Touching is not sexual if it was carried out for a genuine medical or hygienic purpose.
Duress is a defence to the charge.
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