Aggravated sexual touching is an offence under Section 61KD of the Crimes Act 1900 (NSW). It applies when a person intentionally and without consent engages in sexual touching in circumstances of aggravation. The offence carries a maximum penalty of seven years imprisonment.

Elements

To establish the charge, the prosecution must prove beyond reasonable doubt that the accused:

• Intentionally engaged in sexual touching, or incites the complainant or another person to do so, without consent.
• Was aware that the other person did not consent.
• Committed the act in circumstances of aggravation.

Circumstances of Aggravation

Circumstances of aggravation include if:

• The accused was accompanied by another person or persons.
• The complainant is under the authority of the accused.
• The complainant has a serious physical disability.
• The complainant has a cognitive impairment.

Penalty

The maximum penalty for the offence is seven years imprisonment.

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 Jesslyn Duong, paralegal.

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