The Offence of Sexually Touching a Child (NSW)

Sexual touching of a child is a criminal offence under s 66DB of the Crimes Act 1900 (NSW).

It carries a maximum penalty of 10 years imprisonment.

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.

Elements of the Offence

Pursuant to s 66DB of the Act, any person who intentionally:

(a) sexually touches a child aged 10-15

(b) incites a child (aged 10-15) to sexually touch the person, or

(c) incites a child (aged 10-15) to sexually touch another person, or

(d) incites another person to sexually touch a child (age 10-15),

is guilty of an offence.

The Legal Age of Consent NSW

The age of consent in NSW is 16 years old.

As such, a person who sexually touches a child under 16 years of age is strictly liable. In other words, valid consent cannot be given in such circumstances.

Consequences

If found guilty, the accused faces severe consequences, including imprisonment and mandatory registration on the Child Protection Register.

This offence highlights the importance of protecting children and understanding the legal responsibilities surrounding consent.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Cassidy Pole, paralegal.

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