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Aggravated Sexual Touching

sexual offences

The offence of Aggravated sexual touching is found in section 61KD of the Crimes Act 1900 (NSW) which deems a person guilty if they have, without consent of the complainant, and knowing that the complainant does not consent, in circumstances of aggravation, intentionally sexually touches the complainant, or incites the complainant to sexually touch the accused person, or incites a third person to sexually touch the complainant, or incites the complainant to sexually touch a third person. 

You could be charged with sexual touching if you are:

  1. Kissing another person without consent;
  2. Intentionally touching another person on the breasts, vagina, anus or penis without consent;
  3. Rubbing yourself against another person without consent.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • That you touched or enticed another to sexually touch the complainant; and
  • That the sexual touching was without the consent of the complainant; and
  • That you knew that the complainant did not consent to the sexual touching.

What is consent?

Consent is defined in Section 61HE of the Crimes Act 1900 (NSW) and applies to this offence.

Other than the absence of express consent, some other basis on which it can be established that a person does not consent include:

  1. The complainant was substantially intoxicated by drugs or alcohol; or,
  2. The complainant consented because of intimidation, coercion, or threats of force; or,
  3. The complainant consented in the context of a position of authority, trust or special care relationship.

What are circumstances of aggravation?

  • the accused person is in the company of another person or persons, or
  • the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
  • the complainant has a serious physical disability, or
  • the complainant has a cognitive impairment.

What are the maximum penalties for this offence?

The maximum penalty for sexual touching in circumstances of aggravation in NSW are:

  • 7 years imprisonment
 

Will I go to Jail?

Given the seriousness of the offence of sexual touching, it’s natural to be concerned about the potential consequences, including the possibility of imprisonment.

The maximum penalty for this offence is imprisonment for five years. However, if the matter is prosecuted in the Local Court, the maximum penalty that a magistrate may impose is imprisonment for two years.

When determining the appropriate sentence, the sentencing magistrate or judge will take several factors into account, including:

  1. The objective seriousness of the offence,
  2. Whether you pleaded guilty,
  3. Your prior criminal record,
  4. Your personal circumstances, such as employment and health,
  5. Whether you have shown remorse.

In some cases, the magistrate or judge may consider alternatives to a custodial sentence, such as a Community Release Order, Community Corrections Order, or an Intensive Correction Order (ICO).

For a comprehensive overview of the potential penalties and sentencing options, you can refer to our Sentencing Options page.

It’s important to seek legal advice and representation from experienced criminal defence lawyers to present your case effectively and explore all available options. They can provide you with guidance tailored to your specific circumstances and work towards achieving the best possible outcome for you.

What are your options at Law?

If you are facing charges of sexual touching in circumstances of aggravation, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Contact Us Today!

If you’re facing charges of sexual touching and require legal representation, don’t hesitate to contact our experienced team of criminal defence lawyers at Barsha Defence Lawyers. Schedule your free initial consultation today to discuss your case and explore your legal options. We are here to provide you with the guidance, support, and vigorous defence you need during this challenging time.

Facing allegations of aggravated sexual touching can be daunting. Contact our experienced team of criminal defence lawyers today to schedule your first free consultation. We’re here to provide the legal guidance and support you need during this challenging time.

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