We look forward to helping you in your time of need and assisting you in achieving justice. We know how stressful these times can be therefore, your enquiry will be responded to within the same day.
Being charged with aggravated sexual touching can be an overwhelming and stressful experience, leaving you uncertain about what steps to take next. At Faraj Defence Lawyers, we understand the emotional and legal complexities of facing such a charge. Our experienced legal team has successfully represented many clients in similar situations and are experts in handling cases of aggravated sexual touching.
It is crucial to take immediate action to protect your rights and future. Contact Faraj Defence Lawyers today by calling our landline or booking a free consultation through our online contact form. We are here to provide the guidance and legal support you need.
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If you are charged with aggravated sexual touching charges, Faraj Defence Lawyers have deep expertise in handling sensitive cases like these. Our team is committed to providing a compassionate approach while delivering a strong defence tailoured to your unique situation. We have a proven track record of navigating the complexities of these charges and achieving favourable outcomes for our clients. With our strategic legal guidance, you will have the best change to protect your rights and secure the most favourable outcome.
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We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.
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We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.
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Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.
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Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.
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Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.
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Aggravated sexual touching, as defined under Section 61M of the Crimes Act 1900 (NSW), refers to an unlawful act of touching someone sexually without their consent, with the presence of aggravating factors. These factors can include the use of violence or threats, involvement of a weapon, or situations where the victim is vulnerable, such as due to age, disability, or incapacity.
This offence differs from standard sexual touching due to its heightened severity. Acts considered aggravated can range from forceful or violent groping to coercive touching that involves threats or harm.
According to the BOCSAR, each yeah NSW Police receive reports of more then 7,000 sexual and indecent assault incidents, and about 1 in 10 of these incidents results in someone being found guilty in court. This highlights the importance of understanding the legal consequences of these charges and seeking professional legal assistance.
Sexual touching occurs when one person touches another in a sexual manner without their consent. This can involve any form of direct or indirect contact with the private parts, including through clothing. Under section 61K of the Crimes Act 1900 (NSW), sexual touching is treated as a serious offence.
Aggravated sexual touching involves the same non-consensual sexual contact but with the presence of aggravating factors that elevate the severity of the offence. These factors include:
Violence or threat or violence: If you use physical force or threats to commit the act
Use of a weapon: If a weapon is involved, whether for intimidation or actual harm
Victim vulnerability: If the victim is vulnerable due to age, disability or incapacity
Position of authority or trust: If you are in a position of power or trust over the victim, such as a caregiver, teacher, or employer.
The inclusion of these aggravating factors results in harsher penalties and a more severe legal classification. While both offences are taken seriously, aggravated sexual touching carries significantly greater consequences.
To beat an aggravated sexual touching charge, you must challenge the prosecution’s case. The burden of the proof lies entirely with the prosecution, meaning they must prove beyond a reasonable doubt that the offence occurred as charged. Our defence strategy focuses on undermining their ability to meet this high standard. This could involve presenting evidence that disputes the allegations, proving that consent was given, or demonstrating that the aggravating factors did not exist.
For a conviction of aggravated sexual touching, the prosecution must prove the following elements beyond a reasonable doubt:
The defendant intended to touch the complainant: The prosecution must show that the act of touching was intentional and not accidental
The touching was sexual: A reasonable person must form the view that the nature of the contact was sexual, based on the circumstances and manner in which it occurred.
The complainant did not consent: The prosecution must prove that the complainant did not agree to the touching
The defendant was aware of the lack of consent: The prosecution must establish that the defendant knew or should have known that the complainant was not consenting.
In addition to these, the prosecution must also prove the presence of aggravating circumstances, such as the use of violence, threats, weapons, or the vulnerability of the victim.
It is also important to note that the touching does not have to be a hostile or aggressive act, nor does it need to cause fear or pain to the complainant. What matter is that the touching was intentional and not accidental.
In cases involving indictment, the prosecution must prove that the defendant encouraged or urger the complainant to engage in or allow the sexual touching to occur, even if the act was not completed.
There are several possible defences to an aggravated sexual touching charge, which may be used depending on the specific facts of the case. These defences include:
False Allegation: A common defence is that the allegation is entirely false. This could involve questioning the credibility of the complainant, providing alibi evidence, or presenting evidence to dispute the version of events presented by the prosecution.
Lack of intention: To be guilty of the offence, the prosecution must prove the defendant intended to touch the complainant/ A defence may involve arguing that the contact was unintentional.
The touching was not sexual: The defence could argue that the nature of the contact was not sexual. If a reasonable person would not view the touching as sexual, this can be a strong defence.
The touching was accidental or in the course of everyday life: Sometimes, physical contact occurs accidentally or as part of everyday activities, such as brushing against someone in a crowded space. In such cases, it can be argued that the touching was incidental, not intentional or sexual.
Each of these defences can be used to challenge the prosecution’s case and create reasonable doubt, increasing the likelihood of a favourable outcome.
The penalties for aggravated sexual touching are significantly more severe than those for standard sexual touching, demonstrating the heightened seriousness of the offence. While the maximum penalty for sexual touching is 5 years imprisonment, aggravated sexual touching can result in a sentence of up to 7 years under section 61M of the Crimes Act 1900 (NSW)
Several factors influence the severity of the penalty, including:
The seriousness of the offence: Seriousness will increase if there are aggravating factors present such as violence, weapons, or coercion.
The seriousness of the The level of violence use: If the defendant uses a high level of threats or violence the offence is more serious offence: Seriousness will increase if there are aggravating factors present such as violence, weapons, or coercion.
Given the serious consequences, it is essential to engage an expert defence lawyer. A skilled lawyer can assist you in navigating the complexities of the charge, challenge the prosecution’s case, and increase your chances of a favourable outcome, including reducing or avoiding a conviction.
When facing an aggravated sexual touching charge, you have two main options; either to plead guilty or to plead not guilty. At Faraj Defence Lawyers, we provide expert guidance to help your decide on the best court of action based on your specific situation.
Pleading guilty: Our team will work to present mitigating factors to the court, aiming for reduced penalties. This could involve highlighting your character, lack of prior convictions, or other circumstances that may warrant a more lenient sentence
Pleading not guilty: We will focus on building a strong defence, challenging the prosecution’s evidence, and exploring defences such as lack of intention, false allegations, or accidental contact.
We are committed to thoroughly assessing your case and providing you with the best possible defence strategy to achieve the most favourable outcome.
If you decide to plead not guilty to an aggravated sexual touching charge, Faraj Defence Lawyers is here to help you build a strong defence strategy. We thoroughly review all evidence, including witness statements, CCTV footage, and any forensic evidence, to identify weaknesses in the prosecution’s case. Our experiences legal team will work with you to gather relevant information, prepare for cross-examination, and develop a compelling defence.
We will represent you throughout the entire court process, advocating on your behalf to challenge the allegations and create reasonable doubt. Our goal is to ensure the best possible outcome for your case by providing expert guidance and support at all stages of your matter.
If you decide to plead guilty. Faraj Defence Lawyers will help you navigate the process to achieve the most favourable outcome. We will assist you in gathering character references and drafting apology letters, both of which can be crucial in demonstrating remorse and good character to the court. Our team will also negotiate with the prosecution to potentially reduce the charges or secure a more lenient sentence.
By pleading guilty early, you may benefit from a sentence reduction, as the court often rewards early pleas. Our team will do everything necessary to present your case in the best possible light, ensuring that all mitigating factors are thoroughly highlighted, and work to minimise the penalties.
If you have been charges or accused of aggravated sexual touching, it is crucial to seek immediate legal representation. The severity of the charges and the potential penalties require expert legal guidance to protect your rights and achieve the best possible outcome.
Faraj Defence Lawyers is here to provide the expert legal advice and defence you need. Our team has extensive experience handling complex cases like aggravated sexual touching, offering strategic guidance tailoured to your situation. We review all evidence, challenge the prosecution’s case, and work to secure the most favourable result, whether you plead guilty or not guilty.
Call our office of book a free consultation if you have any questions or have been charged with aggravated sexual assault.
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In the case of accidental touching, a you should not be found guilty of aggravated sexual touching. For a conviction, the prosecution must prove that the touching was intentional. If the contact was incidental or occurred as part of normal, everyday activities, such as bumping into someone in a crowded space, it may be considered accidental.
To dismiss or reduce the charge, the defence will need to demonstrate that the touching was not deliberate, Evidence such as witness testimony or video footage may be used to support this defence. However, navigating such cases can be complex, so it is essential to seek expert legal assistance in building your case.
For the offence of aggravated sexual touching, the penalties can be severe. A person of convicted of this offence may face
Full-time imprisonment;
An Intensive Correction Order (ICO);
A Community Correction Order (CCO);
A Conditional Release Order (CRO).
Several factors influence the potential sentence including:
The seriousness of the offence
The presence of aggravating factors
Your criminal history
Mitigating Factors
Each case is unique, and sentencing will depend on the specific facts of the case. The best way to navigate this process and understand potential outcomes is to seek legal counsel to ensure your rights are fully protected.
For physical contact to be considered sexual, it must meet specific criteria under NSW law. The contact must be intentional, and a reasonable person would view the touching as sexual in nature, considering the circumstances. The context, intent, and the part of the body touched play key roles in determining whether the contact is classified as sexual.
Examples of touching that is considered sexual include:
Touching private parts: Touching private parts such as genitals, breast, or buttocks through or without clothing, in a way that suggest sexual intent.
Touching intimate areas: Touching areas with deliberate sexual motivation, such as groping or fondling.
Examples of touching not considered sexual include:
Incidental contact: Contact in public spaces, such as brushing against someone in a crowded room, if it is clear there is no sexual intent.
Non-sexual touching: Touching such as a pat on the back or handshake, which is not intended to be intimate or suggestive.
The importance of evidence in these cases cannot be overstated. Factors such as witness testimony, CCTV footage, and the context of the interactions can make a significant difference in defending against such charges. If you have been charged with a sexual touching offence, it is crucial to consult with an experienced lawyer to assess the evidence and build a strong case.
We look forward to helping you in your time of need and assisting you in achieving justice. We know how stressful these times can be therefore, your enquiry will be responded to within the same day.
