The Crime of Sexually Touching a Child in NSW


71-year-old tennis coach Raymond Younan has allegedly sexually abused a 12-year-old girl whom he was coaching tennis to.

On Wednesday, NSW police approached and arrested the 71-year-old at the Linfield tennis courts. He was taken to the Chatswood Police Station where he was subsequently charged.

Police allege that while the two were travelling interstate for tournaments between the period of July and December, he sexually touched her.

He has now been charged with multiple counts of sexually touching a child, and further counts of sexual acts with a child.

He appeared before the Hornsby Local Court and has been bail refused, while the investigation continues.

He is next due to appear before the Court in January.

Detective Superintendent John Kerlatec has said, “We believe this person has been her coach for just over 2 years now.”

“Any child that raises any concerns about any sexual offending- we encourage to certainly contact police and reach out- it’s a serious matter.”

It is reported that police became aware of the allegations when another student allegedly saw an incident.

Younan is the head coach and Director of Active Power Tennis in Linfield. Their website states that “he has years of experience living, breathing and loving tennis.”

“He is a member of Tennis Australia, has level 1 and 2 coaching qualifications and has previously coached ranked players.”

He is no longer a member of Tennis Australia.

For more information on the law of sexual touching in NSW, contact our 24/7 hotline to arrange a free consultation with our criminal lawyers today.

The Crime of Sexually Touching a Child in NSW

Sexual touching in NSW is a crime carrying a criminal conviction and heavy penalties.

The consequences of being convicted in particular of a sexual offence against a child in NSW has further serious consequences, including a prohibition from getting a working with children’s check clearance, and also becoming a registrable person requiring you to then be placed on the child protection register, report to police with restrictions on travelling outside the state.

Sexual touching is defined as touching someone in circumstances a reasonable person would consider the touching to be sexual.

It will usually be considered sexual if the touching was done for sexual gratification or the touching was on the genitals or breasts.

The offence of sexual touching occurs if the police can prove that:

  1. The alleged offender intentionally touched the alleged victim; and
  2. A reasonable person would consider it as sexual; and
  3. The alleged victim didn’t consent to it; and
  4. The alleged offender was aware that there was no such consent.

Section 61KC Crimes Act 1900 (NSW) prescribed a penalty of up to 5-years jail for the offence of sexual touching in NSW.

Section 61KD is the offence of aggravated sexual touching which prescribes a penalty of up to 7-years jail if sexual touching is committing in circumstances of aggravation.

Circumstances of aggravation includes where the sexual touching occurs either:

  • While the victim had a cognitive impairment or serious physical disability; or
  • The offence took place in the company of another person or people; or
  • The victim was under the offender’s authority at the time of the offence.

The penalties are more severe where sexual touching is committed against a child.

Where sexual touching occurs to a child aged between 10 and 16, the offender will face a penalty of up to 10 years imprisonment under section 66DB Crimes Act 1900 (NSW).

If an offender sexually touches a child aged under 10, the maximum penalty prescribed by section 66DA is 16-years jail.

The court can impose one of the following types of penalties for sexual touching:

  1. Section 10 non-conviction
  2. Conditional Release Order with or without a criminal conviction
  3. Community Corrections Order
  4. Intensive Corrections Order
  5. Full-time Jail

A person who pleads guilty to sexual touching can still receive a non-conviction sentence under section 10 in some circumstances.

The penalty of an Intensive Corrections Order (ICO) is not available to an offender who commits this offence against a victim aged under 16.

Some defences to a charge of sexually touching a child in NSW include:

  1. An incidental or accidental touch.
  2. The alleged offender’s actions were not voluntary. i.e. sleepwalking, unintended reflex action, epilepsy or mental illness defence.
  3. Medical or hygienic purpose.
  4. Duress or necessity.
  5. Where any one of the essential elements of the crime is not able to be proven beyond reasonable doubt.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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