What is Sexual Touching ?

Sexual touching is assault in circumstances of indecency. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault.

Some examples of indecent assault include;

  • An unwanted kiss;
  • The smallest of touches or contact including touching in the course of ordinary everyday life
  • The intentional touching of breasts, anus, vagina or penis; or
  • Rubbing your groin against a person for example on a busy bus when the other person has not given consent

What must the prosecution prove?

Since Indecent Assault is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Indecent Assault.

To establish Indecent Assault the prosecution must prove each of the following matters beyond reasonable doubt:

  • that the accused assaulted the complainant, and
  • that the assault was indecent, and
  • that the assault was without the consent of the complainant, and

that the accused knew that the complainant was not consenting, or he/she realised that there was a possibility that the complainant was not consenting, but he/she went ahead anyway, or he/she did not even think about whether the complainant was consenting or not — in other words, he/she did not care whether the complainant was consenting.

The Law

The Law in relation to Indecent Assault is found in section 61L Crimes Act 1900(NSW) which states;

Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.

What is an assault?

An assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence. It is not necessary that the complainant be physically touched.

What is an “act of indecency”?

An indecent act is one which right minded persons would consider to be contrary to community standards of decency. The assault and the act of indecency do not need to be separate acts.

If you are charged with the offence of Indecent Assault what are your options?

National Criminal Lawyers have been successful in defending a number of Indecent Assault charges where the prosecution could not establish each of the elements offence. We have also achieved a number of non-convictions for Indecent Assault.

NCL offer the following options for those who have been charged with Indecent Assault:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Indecent Assault offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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