Sexual Touching (Indecent Assault) Lawyers | Protect your rights today

Charged with a Sexual Touching Offence?

Have you found yourself facing the daunting reality of being charged with Sexual Touching? We understand the gravity of such allegations and the profound impact they can have on every aspect of your life, which can extend far beyond the courtroom, affecting your reputation, livelihood, personal relationships and so much more. 

In times like these, it is imperative to secure immediate legal representation from experienced professionals who will tirelessly advocate for your rights and defend your innocence. At Faraj Defence Lawyers, we offer compassionate support and expert legal guidance to navigate you through this difficult period. Don't face these allegations alone, contact one of our specialised sexual offences lawyers today and allow our team to listen, advise and fight for your justice.

Call us today for a free consultation at (02) 8896 6034, or by booking in a free initial consultation at our  Parramatta office.

Why Choose Faraj Defence Lawyers for your Sexual Touching Charge?

When facing the weight of a sexual touching charge, choosing the right legal representation can be the difference between a future filled with unfair consequences or one where your innocence is fiercely protected. At Faraj Defence Lawyers, we stand as your beacon of hope and unwavering support with unparalleled expertise in navigating the intricacies of sexual touching offences. Here's why choosing us is your best course of action:

What is the offence of Sexual Touching?

The offence of Sexual Touching is prohibited under Section 61K of the Crimes Act 1900 (NSW), the offence occurs when any person, referred to as the alleged offender, intentionally sexually touches another person, referred to as the alleged victim, without their consent and knowing that the alleged victim does not consent. This can include actions such as,  

• sexually touches the alleged victim, or

• incites the alleged victim to sexually touch the alleged offender, or

• incites a third person to sexually touch the alleged victim, or

• incites the alleged victim to sexually touch a third person,

is guilty of an offence.

The court where your sexual touching charges will be heard depends on various factors, including the severity of the offence and the jurisdiction in which it occurred. In NSW, sexual touching charges are typically heard in the District Court, depending on the seriousness of the offence. Less severe cases may be heard in the local court.

What is the offence of Sexual Touching?

Sexual touching is defined as touching another person with any part of the body or with anything else, 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.

In determining whether a reasonable person would consider touching to be sexual, the matters to be taken into account include:

• Whether the area of the body touched or doing the touching is the person’s genital area, anal area, or breasts (whether or not the breasts are sexually developed and regardless of the person’s gender or sex),

• Whether the person doing the touching does so for the purpose of obtaining sexual arousal or sexual gratification, or

• Whether any other aspect of the touching (including the circumstances in which it is done) makes it sexual.

Some examples of sexual touching may include:

• Initiating a kiss with someone when it is clear they do not want to/do not give consent 

• Purposely rubbing ones groin against another individual, such as in a crowded room 

• Deliberately touching a woman's breast through her clothing without her permission

How do I beat a Sexual Touching Charge?

Defendants facing a sexual touching charge have several avenues to contest the allegations. The key strategy is to ensure that the prosecution cannot prove beyond a reasonable doubt that the offence was committed. 

As the burden of proof rests on the prosecution, our defence focuses on undermining their case by challenging the evidence presented and casting doubt on the prosecution's narrative. This may involve scrutinising witness testimonies, examining the circumstances surrounding the alleged incident, and presenting evidence or arguments that refute the allegations. 

By effectively challenging the prosecution's case and raising reasonable doubt, we continually aim to secure a favourable outcome for our clients.

What is the offence of Sexual Touching?

The prosecution are required to prove, beyond reasonable doubt, that:

• The defendant intended to touch the complainant; and

• A reasonable person would form the view that the touching was sexual; and

• The complainant did not consent; and

• The defendant was aware that the complainant was not consenting to the touching.

The touching is not required to be a ‘hostile or aggressive act or one that caused the complainant fear or pain’ but it must be an intentional touching; not an accidental touching.If the offence involves incitement, such incitement must be to commit the specific offence at hand. There is no specific definition of incitement in the Act, however, it has been held that common forms of behaviour covered by the word are ‘command’, ‘request’, ‘propose’, ‘advise’,‘encourage’, or ‘authorise’.

What are the potential defences for Sexual Touching?

When facing sexual touching charges, it's essential to understand the potential defences available to contest the allegations. These defences play a crucial role in challenging the prosecution's case and securing a favourable outcome for the defendant. Below, we outline several potential defences for sexual touching charges, each aimed at undermining the prosecution's case and casting doubt on the allegations.

Defences include but are not limited to:

• False-allegation, this defence asserts that the accusation of sexual touching is untrue and did not occur. It involves presenting evidence or arguments that cast doubt on the credibility of the prosecution. 

• Lack of intention, this defence argues that the touching was accidental or inadvertent, without any deliberate or sexual intent on the part of the defendant. It may involve demonstrating that the touching occurred in a context where there was no opportunity or motive for sexual behaviour, or presenting evidence that supports the defendant's claim of innocence.

• The touching was not sexual, this defence contends that the touching in question was not of a sexual nature but rather innocuous or incidental. It may involve providing evidence or testimony to show that the touching was harmless, non-sexual in nature, or consistent with normal social interaction.

• The touching was accidental or in the course of ordinary exigencies of everyday life, this defence asserts that the touching occurred inadvertently or as a result of the ordinary exigencies of everyday life, without any malicious or sexual intent on the part of the defendant. It may involve demonstrating that the touching was accidental, unavoidable, or necessary in the context of the situation.

What are the penalties for Sexual Touching?

The maximum penalty for sexual touching in NSW is five years imprisonment. However, the actual penalty imposed by the court will depend on the specific circumstances of the case and the defendant’s criminal history.

It is also a ‘table 2’ offence which means that it will be dealt with in the Local Court unless the prosecution elects for the matter to proceed to the District Court. In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $5,500 fine.

In determining the appropriate penalty, the court will consider factors such as the seriousness of the offence, the level of violence used by the defendant, and any aggravating or mitigating factors.

Apart from a custodial sentence, you may also be eligible for the following penalties:

• S10(1)(A) dismissal

• Conditional release order without conviction

• Conditional release order with conviction

• Community corrections order

Penalty when there are circumstances of aggravation

If the offence is committed in circumstances of aggravation, the maximum penalty increases to 7 years imprisonment.

This is a ‘table 1’ offence, which means that it will be dealt with in the Local Court unless theprosecution or defence elects for the matter to proceed to the District Court.

In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine. The offence will be considered ‘aggravated’ including in circumstances where the:

• Accused person is in the company of another person or persons, or

• If the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, has a serious physical disability, or

• If the complainant has a cognitive impairment.

Penalty when it involves a child under 10 or between 10 and 16 years

Special offences exist in New South Wales where an alleged victim is under the age of 10 years or between the ages of 10 and 16 years. For these offences, whether the alleged victim consented and the alleged offender knew the alleged victim consented are irrelevant as they cannot consent. 

• Sexual touching of a child under the age of 10 years is punishable by 16 years’ imprisonment.

• Sexual touching of a child between the ages of 10 and 16 years is punishable by 10 years’ imprisonment.

These charges are Table 1 offences which means that either an accused or the Director of Public Prosecutions can elect to have the matter dealt with in the District Court whereby defending this allegation will be a trial before a jury. If no election is made, it will remain in the Local Court.

Penalty when it involves a child between 16 & 18 under special care

• the alleged offender is the parent, grandparent, step-parent, guardian or authorised carer of the alleged victim or the de facto partner of a parent, guardian or authorised carer of the alleged victim, or

• the alleged offender is a member of the teaching staff of the school at which the alleged victim is a student, or

• the alleged offender has an established personal relationship with the alleged victim in connection with the provision of religious, sporting, musical or other instruction to the alleged victim, or

• the alleged offender is a custodial officer of an institution of which the alleged victim is an inmate, or

• the alleged offender is a health professional and the alleged victim is a patient of the health professional.

For this offence, whether the alleged victim consented and the alleged offender knew the alleged victim consented are irrelevant as they cannot consent. A person does not commit this offence if the person and the alleged victim were married to each other at the time of the offence. There are some instances, mainly with overseas marriages, where this may be a defence. 

• Where the alleged victim is of or above the age of 16 years and under the age of 17 years the offence is punishable by 4 years’ imprisonment.

• Where the alleged victim is of or above the age of 17 years and under the age of 18 years the offence is punishable by 2 years’ imprisonment.

This charge is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. However if no election is made, it will remain in the Local Court.

How can Faraj Defence Lawyers help?

​​At Faraj Defence Lawyers, we understand the gravity of facing sexual touching charges and the impact they can have on your life. When you turn to us for assistance, we provide expert legal guidance and support to help you navigate this challenging situation. 

We begin by thoroughly discussing your options for defending against the offence. In essence, you have two primary options:

• pleading guilty or

• not pleading guilty

Our experienced legal team will carefully assess the details of your case, evaluate the evidence presented by the prosecution, and provide you with personalised advice on the best course of action to take. 

Assisting you if you decide to plead not guilty

If you decide to plead not guilty, Faraj Defence Lawyers will stand by your side every step of the way, assisting you in building a solid defence strategy. Our experienced legal team will meticulously review all evidence presented by the prosecution, identifying weaknesses and inconsistencies that can be leveraged in your favour. 

We will work tirelessly to gather additional evidence, cross examine witnesses, and craft a compelling defence tailored to the specifics of your case. Throughout the legal proceedings, you can rely on us to represent you vigorously in court, presenting your case with clarity, confidence, and expertise. With Faraj Defence Lawyers, you can trust that your rights will be fiercely protected, and every effort will be made to secure that Not Guilty verdict.

Assisting you if you decide to plead guilty

If you choose to plead guilty, Faraj Defence Lawyers will support you every step of the way, ensuring that your interests are represented and your rights protected. We understand that pleading guilty can be a difficult decision, and we are here to provide you with compassionate guidance and expert legal advice throughout the process.

While working with us, we'll assist you in preparing character references and crafting apology letters, which can be an impactful mitigating factor towards your conviction. We'll engage in negotiations with the prosecution on your behalf, striving to secure favourable terms following your guilty plea. O

ur team will do everything necessary to achieve the best possible outcome for you, whether it's seeking a reduced sentence or exploring alternative sentencing options. It's important to note that pleading guilty at the earliest opportunity can lead to significant benefits, such as a 25% discount on your sentence.

Book a free consultation with our Sexual Touching Lawyers today

At Faraj Defence Lawyers, we understand the gravity of sexual touching allegations and the impact they can have on your life. With our expert legal advice and strategic defence strategies, we can make a real difference in your case. Our experienced team will provide you with compassionate support, calculated guidance, and relentless advocacy to fight for the best possible outcome.

Don't face these charges alone. Take the first step towards protecting your future by scheduling your free initial consultation with us today by calling (02) 8896 6034, or by visiting us at our Parramatta office via appointment.