Section 61KC Crimes Act 1900 (NSW) governs the offence of ‘Sexual Touching’.
This offence is a T2 table offence, and is capable of being dealt with in the Local and District Court.
Oftentimes, unless accompanied with further offences, sexual touching will finalise in the Local Court. The maximum penalty for this offence is 5 years imprisonment.
The maximum penalty is reserved for the most serious examples of this offending. It is important you get in touch with our legal team to discuss this further.
In relation to Sexual Touching, the prosecution must prove:
You touched a person;
A reasonable person would form the view that the touching is sexual;
There was no consent by that person;
You were aware the person was not consenting to the touch.
If the police fail to prove any of the above elements, the charge will be dismissed.
It was for proper medical or hygienic purposes;
There was consent;
The touching was not sexual;
False allegations were made against you.
The matter will proceed to a Hearing date in the Local Court before a Magistrate, who will hear the evidence and decide whether you are guilty or not guilty.
There are a range of penalties available depending on the seriousness of the offence, and whether there are any aggravating factors present.
It is important to consider getting a Psychological Report to provide the court with a fulsome outline of your life and circumstances surrounding the offending.
25% Utilitarian Discount
On a Plea of Guilty at an early stage, you will receive a mandatory 25% discount on sentence, which is designed to reduce the seriousness of the penalty. If a Plea of Guilty is entered at a later stage, you may still receive some form of utilitarian discount.
It is very important to speak to a lawyer who specialises in criminal law. Call our office today to arrange a free consultation to discuss.
