Sexual Touching and Sexual Act

Sexual Touching

What is the offence of sexual touching?

The offence of indecent assault has now been replaced with the offence of sexual touching. If you have been charged with sexual touching the prosecution must prove:

- That you intentionally sexually touched an alleged victim, incited the alleged victim to sexually touch you or a third person, or incited a third person to sexually touch the alleged victim;

- Without the consent of the alleged victim; and

- Knowing that the alleged victim does not consent.

The legislation concerning consent and knowledge of consent in relation to sexual assault applies to the offence of sexual touching.

What does sexual touching mean?

Sexual touching means a person touching another person:

- With any part of the body or with anything else, or

- Through anything, including anything word by the person doing the touching or by the person being touched,

in circumstances where a reasonable person would consider the touching to be sexual. The test is not whether the accused considered the touching to be sexual, but whether a hypothetical member of the community would consider the touching to be sexual.

The law outlines the following matters to be taken into account in deciding whether a reasonable person would consider touching to be sexual including:

- Whether the area of the body touched is the person’s genital area or anal area, or the person’s breasts, whether that person is transgender or intersex or identifies as female.

- Whether the person doing the touching does so for the purpose of obtaining sexual arousal or gratification

- Whether any other aspect of the touching (including the circumstances in which it is done) makes it sexual.

Because this offence is so new, it is important to hire an experienced sexual touching lawyer with knowledge of the history of why the offence of indecent assault has been replaced with sexual touching.

The offence of aggravated indecent assault has been replaced with the offence of aggravated sexual touching.

Sexual touching offences against children

The law now includes new offences relating to children. These are:

1. Sexual touching a child under 10 years old

2. Sexual touching a child between 10 and 16 years old.

New grooming offence

The Crimes Act 1900 (NSW) contains a new grooming offence. The offence is grooming a person for unlawful sexual activity with a child under the person’s authority.

Sexual Act

The offence of act of indecency has now been replaced with the offence of sexual act. If you have been charged with sexual act the prosecution must prove:

- That you intentionally carried out a sexual act with or towards an alleged victim, incited the alleged victim to carry out a sexual act with or towards you or a third person, or incited a third person to carry out a sexual act with or towards the alleged victim;

- Without the consent of the alleged victim; and

- Knowing that the alleged victim does not consent.

What is a sexual act?

A sexual act covers a broader range of conduct than the old offence of act of indecency. A sexual act is an act carried out in circumstances where a reasonable person would consider the act to be sexual.

The matters to be taken into account in deciding whether a reasonable person would consider the act to be sexual are the same as those considered for the offence of sexual touching.

Parliament has stated that the definition of sexual act ‘reflects the core of the common law meaning of indecency.’

Because this offence is so new, it is important to hire an experienced act of indecency lawyer.

The offence of aggravated act of indecency has been replaced with the offence of aggravated sexual act.

Sexual act offences against children

The law now includes new offences relating to children. These are:

1. Sexual act against a child under 10 years old.

2. Sexual act against a child between 10 and 16 years old

3. Sexual act for production of child abuse material (against a child under 16 years old)

The author is an experienced sexual assault defence lawyer who has written several articles on different forms of sexual assault, sexual touching and sexual act. To know more, visit https://www.woolf.com.au/sexual-assault

Article source: https://article-realm.com/article/Finance/6593-Sexual-Touching-and-Sexual-Act.html