Sexual Touching is an offence under s 61KC of the Crimes Act 1900 (NSW).

It carries a maximum penalty of 5 years imprisonment (or 7 years for aggravated sexual touching, per Crimes Act s 61KD.

 

What is ‘sexual touching‘?

‘Sexual touching’ means a person touching another person…

(a) with any part of the body or with anything else; or

(b) through anything, including anything worn 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.

s 61HB Crimes Act 1900 NSW

 

Elements of the Offence

A person accused of sexual touching will be convicted if they…

• sexually touched the complainant,
• incited the complainant to sexually touch them,
• incited another person to sexually touch the complainant,
• or incited the complainant to sexually touch another person

and were aware that the complainant had not consented.

 

Onus of Proof

The onus of proof rests on the prosecution. The prosecutor must prove ‘beyond reasonable doubt’ that each element of the offence is met, and disprove beyond reasonable doubt that any defence, exception, exemption, excuse, justification, or qualification is applicable.

– Attorney-General’s Department

 

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