Sexually Touching a Child Aged 10 to 16 Years is an offence under Section 66DB of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond a 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:
Touching is not sexual if it is carried out for a genuine medical or hygienic purpose.
Defences to the charge include:
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