What is “sexual touching” under NSW law?

In December 2018, the NSW government launched the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 No. 33. This act replaced sections of the Crimes Act related to “indecent assault” and “act of indecency.” Instead, it introduced the term “Sexual touching” to consolidate these laws.

Section 61HB(1) defines “Sexual touching” as:

  • A person touching another with any body part or object,
  • A person touching another through any medium, even clothing.

Sexual touching definition and penalties in NSWThis is only considered sexual touching if a reasonable individual deems it sexual. Factors for this determination, as listed in subsection (2), consider where on the body the touch occurred, like the genital, anal, or female breast areas. The intention behind the touch, such as sexual arousal, and other context can also classify it as sexual.

The Crimes Act further classifies these actions in subdivisions:

  • Division 10’s Subdivision 3 pertains to the sexual touching of adults.
  • Subdivision 6 focuses on the sexual touching of children.

The act also lists specific offenses and penalties:

  • Section 61KC describes the sexual touching offense, with a possible 5-year imprisonment.
  • 61KD addresses Aggravated sexual touching, punishable by up to 7 years. This offense is considered aggravated due to factors like the offender’s company, authority, or the victim’s physical or cognitive impairments.
  • Section 66DA is about children under 10, while 66DB focuses on those aged 10 to 16.

Crucially, “sexual touching without consent” can be applied in various situations, including encounters between strangers, friends, and partners. Age, disability, and other factors can also prevent a victim from granting consent.

If accused of this offense in NSW, securing counsel from a seasoned criminal defense attorney is vital. They can advise you, craft a defense, and represent you in court.

Penalties for Sexual Touching Offenses

Sexual assault convictions in NSW carry heavy consequences. Adults could face up to 20 years of imprisonment. For offenses against children under 10, recent changes allow for life imprisonment. The exact punishment depends on the crime’s context, including the harm to the victim and the offender’s responsibility.

Besides imprisonment, other consequences include potential listing on the NSW Child Protection or National Child Sex Offender Registers. These individuals might need counseling, supervision, and can be on the register for 15 years to life, based on the offense’s nature.

To sum up, NSW law considers sexual offenses grave. Understanding these laws, especially about consent, is crucial. Victims should remember the assault is never their fault and seek help immediately.

For support:

These agencies offer free, confidential help, including counseling, legal guidance, and referrals.

Next Steps

If accused of sexual assault or touching, reach out to Proctor and Associates at 02 9687 3777 or email Peter Proctor at peter@proctorlaw.com.au for professional assistance.

Sexual Assault FAQs

What is the definition of sexual assault?

Sexual assault is where a person has sexual intercourse with another person without their consent. The person must know that the other person doesn’t consent, or is reckless as to whether the other person consents or not. Sexual intercourse has a broad definition. (see S.61HA Crimes Act NSW)

What does sexually touching mean?

Sexual touching involves intent and circumstance. It occurs by way of deliberate touching by a person with any part of the body, or anything else, to the person of another in circumstances where a reasonable person would consider the touching to be sexual. Touching the private parts of a person would be sexual (see s.61HB of Crimes Act NSW).

Is groping a crime in Australia?

Yes. To grope the person of another could constitute “sexual touching” which is a crime in New South Wales. It would however depend upon what part of the body is touched and the circumstances of the touching.

What is classed as inappropriate touching?

Inappropriate touching is generally based on community standards of conduct which falls short of what a reasonable person would accept as acceptable behaviour.

What is an example of inappropriate touch?

Slapping or pinching a woman on the buttocks, rubbing your body against another person would be examples of inappropriate touching and for which you could be charged with an offence of “sexually touching” the person of another.

What is the penalty for sexual assault in NSW?

The penalty depends upon the charge that a person is found guilty of. Sexual Assault of an adult in New South Wales carries a maximum penalty of 14 years imprisonment. However, there are other degrees of seriousness (eg. Aggravated, in company, under the age of 16 years, under the age of 10 years) which carry far higher penalties and as high as life imprisonment in the case of sexual assault to a child under 10 years of age.

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