What the Law Says About Sexual Touching in NSW

 

In what is considered a bizarre alleged assault, it is reported that a man from Sydney has attempted to spoon feed a young teenager with yoghurt and allegedly indecently assaulted her at his home in Hurstville Grove.

Police allege that a 41-year-old Sydney man had approached and asked the 18-year old girl to come over to his Hurstville Grove home, after she had completed her Friday night shift as a door-to-door sales.

It is alleged that at around 7:30pm the man had stopped the girl on the road when he invited her over before indecently and sexually touching her multiples times at his home.

It is also reported that the 41-year-old man also attempted to spoon feed the girl with yoghurt.

After eventually leaving his home, she reported the assaults to St George Police the following day.

He was found and arrested the next day when he was charged with sexually touching a person without consent.

He appeared before the Parramatta Local Court on Sunday after being refused bail by police.

For more information on indecent assault or sexual touching, call our 24/7 hotline for a free consultation with our team of criminal lawyers today.

What the Law Says About Sexual Touching in NSW

Sexually touching a person without consent is a crime in NSW, carrying a heavy maximum punishment of 5-years jail in the District court, and 2-years jail in the Local Court. Majority of these cases are dealt with in the Local Court section 61KC Crimes Act 1900 (NSW).

The penalty option of Intensive Correction Order (ICO) as an alternative to a full-time custody punishment isn’t available to a Court if the victim to this offence is under 16-years-of-age.

Sexual touching is when a person is touched, and a reasonable person considers it as sexual. The area touched; the body part used to do the touching and the surrounding circumstances are important factors to consider in determining whether a reasonable person would consider it sexual. This is outlined in section 61HB Crimes Act 1900 (NSW).

To be guilty of a sexual touching offence, the police must prove beyond reasonable doubt all of the following elements of this crime:

  1. The alleged offender intended to touch the alleged victim or incited another person to do the same.
  2. a hypothetical reasonable person would conclude that the touch was sexual.
  3. The alleged victim did not consent.
  4. The alleged offender was aware that there was no consent.

Accidentally touching someone; involuntary touching due to a medical condition; touching on medical or hygienic reasons; duress or necessity; or an honest belief held by the alleged offender that the alleged victim provided consent are all defences to a charge of sexual touching in NSW.

Sexual touching has replaced the offence of indecent assault in NSW.

There are heavier maximum sentences for the offence of sexual touching where the victim is a child, under the age of 16.

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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