Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Sexually Touching a Child Aged 10 to 16 Years

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:

  1. You sexually touched a child aged at least 10 but less than 16 years, 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 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

 

What Our Clients Say SEE ALL

  • ★★★★★

    Professional attitude

    Sydney Criminal lawyer’s Tuan Phan comes highly recommended by myself for his professional attitude and…

  • ★★★★★

    I can’t thank Tuan enough

    I just want to express my gratitude to Tuan Phan for representing my daughter in…

  • ★★★★★

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm could not

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm…

  • ★★★★★

    Communication was clear and professional

    Fahim Khan of Sydney Criminal Lawyers recently represented my partner. His communication was clear and…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)