Sexual Touching occurs where Person A sexually touches Person B in an ‘indecent’ way without Person B’s Consent or Person A ‘incites/requests/encourages’ Person B to sexually touch them.
It is also an offence if Person A ‘incites/requests/encourages’ Person B to sexually touch Person C without their consent and Person B follows this direction.
Circumstances of ‘aggravation’ include:
Person A was in the company of another person at the time of the offence;
The Victim was under the authority of Person A;
The Victim had a severe disability;
The Victim has a cognitive impairment.
What is the Punishment for Aggravated Sexual Touching?
The maximum penalty for Aggravated sexual Touching is 7 years imprisonment. However, the Court is not forced to send an individual to prison for this offence. Engaging the right Sexual Assault lawyers in essential in ensuring that you defend the allegations or receive a favourable result at Sentence. Criminal Lawyers in Sydney have had a fantastic track record of first keeping a number of our clients out of prison but also receiving non-convictions for these offences or offences much more serious than Sexual Touching.
Pleading Not Guilty to an offence of Sexual Assault
If you wish to fight the charges and plead ‘Not Guilty’ to sexual assault or aggravated sexual assault, you can instruct you Sydney Assault Lawyer to fight to have the charges dropped or to have the charges dismissed at Court.
How can I defend a Sexual Assault or Aggravated Sexual Assault Offence?
In defending sexual assault or aggravated sexual assault offences, there can be a lack of evidence beyond reasonable doubt that the offence occurred, there can also be technical issues such as the alleged conduct not being considered ‘sexual’ for the purposes of the law.
Additionally, there are a number of legal defences available to you. If a legal defence is accepted, your charges will be dismissed and you will be found not guilty.
Available defence include:
Proper Medical Purpose;
Consent – not available if the victim is under the age of consent or does not have the capacity to consent (excessively drunk/cognitively impaired/asleep/etc)
Pleading Guilty to an offence of Sexual Assault
If you plead guilty to an offence of Sexual Assault, your matter can proceed to the Local or District Court for Sentence. Our Sydney Sexual Assault Lawyers have had great success in securing fantastic results for our clients including good behaviour bonds for serious sexual assault offences and have also received a non-conviction for Sexual Assault matter. Each case is different, and the Court will look at all the circumstances of your case before imposing Sentence. Make sure you contact the Criminal Lawyers in Sydney office as soon as possible to give you the best opportunity on sentence and receive a favourable outcome.