Over 50 years of combined experience

Success in Courts Australia-Wide

6 x Convenient Locations across Sydney and NSW

Are you facing serious criminal charges relating to sexual touching offences in NSW, Australia? If so, you are likely feeling lost, overwhelmed, and unsure where to turn.

At LY Lawyers, we understand the immense seriousness and complexity of such cases and we invite you to explore our criminal defence services further.

Our team of highly experienced criminal defence lawyers is dedicated to providing aggressive and reliable representation for individuals like yourself who have been charged with sexual touching offences.

With over 20-years of hands-on experience, we are among the leading criminal lawyers in Sydney and NSW, offering our services across multiple offices and jurisdictions.

On this page we will explore the Australian legal system surrounding sexual touching offences and charges, including the associated penalties, defences, and distinctions.

What is Meant by Sexual Touching Offences?

Sexual touching offences are governed by section 61KC of the Crimes Act 1900 (NSW) and Section 61HB of the Crimes Act 1900. These offences involve the unwanted and non-consensual touching of another person’s body, in a sexually inappropriate manner.

It is important to note that the new offence of sexual touching no longer requires proof of indecency, which was a requirement under the older offence of Indecent Assault. As such, it is paramount that you have the best possible legal representation so you can build a solid defence against these serious allegations.

If you or someone that you know have been sexually assaulted and are currently in distress, we would like to refer you to the following sexual assault support services.

What Does the Prosecution Set Out to Prove in Sexual Touching Offence Cases?

In order to prove a sexual touching offence, the prosecution must first establish the following beyond a reasonable doubt:

  • A person sexually touched another person (the alleged victim) or incited someone else to do so against their will.
  • The alleged victim did not consent to the sexual touching.
  • The accused knew that the alleged victim did not consent and proceeded anyway.

It is crucial to understand that sexual touching encompasses any form of physical contact, whether it involves direct contact with the body itself or through clothing.

The court considers a number of different factors, including the area of the body that was touched and the intent / perceived intent behind the touching – to determine whether a reasonable person would consider it to be sexual in nature.

What Are the Different Types of Sexual Touching Offences?

Sexual touching offences cover a wide range of situations and actions. Some of these specific types of sexual touching offences include:

  • Sexual Assault: Involves the intentional and non-consensual sexual touching of another person, which may include acts such as intimate groping or fondling.
  • Aggravated Sexual Assault: Aggravated Sexual Assault refers to sexual touching offences committed under aggravating circumstances, such as via the use of force, (i.e., Aggravated Sexual Act), in the presence of weapons, or with the involvement of multiple perpetrators (i.e., Aggravated Sexual Assault in Company).
  • Aggravated Indecent Assault: Aggravated Indecent Assault refers to the physical assault of another person, in circumstances of aggravation, which may include an act of indecency at the time of, immediately before, or immediately after the assault itself.
  • Grooming: Involves actions aimed at preparing or enticing a child under the age of 16 for engaging in sexual activity. Grooming can include communication, providing gifts, or any other means to establish trust and ultimately manipulate the child into engaging in sexual activity.
  • Possession of Child Pornography: Involves the possession, distribution, or production of explicit child abuse material involving children and the accused.
  • For further information, we refer you to the Judicial Commissions of New South Wales.

What Are the Penalties Associated with Sexual Touching Offences?

The penalties associated with sexual touching offences in NSW can vary significantly depending on the specific circumstances of the case, and indeed the severity of the offence / whether or not the accused is being charged with child sex offences.

If the matter is dealt with in the Local Court, the maximum penalty can be imprisonment for two years. However, if the prosecutor elects to have the matter dealt with in the District Court, the maximum penalty increases to imprisonment for five years – and a maximum of seven years if the charges include aggravated sexual touching.

It is important to consult with an experienced criminal defence lawyer who can assess your case, gather evidence, and develop a strong defence strategy tailored to your situation.

What Are the Defences?

When facing sexual touching charges, it is crucial to explore all possible defences. Common defences in sexual touching cases may include:

  • Consent: If you can demonstrate that the alleged victim consented to the sexual touching, it can serve as a suitable defence. However, it is essential to note that consent must be freely given and informed, without any coercion or manipulation.
  • Honest and Reasonable Mistake: If you genuinely believed that the alleged victim consented to the sexual touching and your belief was reasonable under the circumstances, it may be a viable defence.
  • Lack of Intent: If you can establish that the sexual touching was accidental or unintentional, it may, under some circumstances, be a defence against the charges.

What Are Your Options in Court?

When facing sexual touching charges, you have several options in court. These may include:

  • Pleading Not Guilty: If you believe you are innocent beyond a doubt, or have a valid defence, you can plead not guilty and proceed to trial. In this case our experienced criminal defence lawyers will help you build a robust defence strategy, challenge the prosecution’s evidence, and fight for your acquittal.
  • Negotiating a Plea Bargain: In some cases, it may be beneficial to negotiate with the prosecution for a lesser charge or reduced penalties through a plea bargain. Our skilled lawyers can guide you through this complex process and strive to achieve the most favourable outcome on your behalf.
  • Seeking Diversion Programs: For less serious sexual touching offences, diversion programs may be available. These programs aim to address the underlying issues and provide rehabilitation as opposed to punishment.

Frequently Asked Questions

At LY Lawyers, we are committed to providing exceptional representation and achieving the best possible outcomes for our clients. Here’s why you should choose us to help you combat your sexual touching offence charges:

  • Extensive Experience: With over 20-years of experience, our criminal defence lawyers have a thorough and comprehensive understanding of sexual touching offences and the legal system in Sydney, NWS, Australia.
  • Aggressive Defence: We are well-known for our assertive and proactive approach to defending our clients’ rights. We leave no stone unturned in building a strong defence strategy and will extend you the same courtesy.
  • Reputable and Respected: At LY Lawyers, our people have earned a solid reputation over the years for being trustworthy and reliable. Our track record of success speaks for itself.
  • Court Advocacy: Our team consists of strong court advocates who have extensive experience representing clients in courts across NSW and interstate.
  • Wide Jurisdictional Experience: We have successfully represented clients in various jurisdictions, including NSW, Victoria, Western Australia, The Northern Territory, and Queensland. Our experience in different jurisdictions gives us extremely valuable insights and strategies that can be leveraged to help you navigate your case as effectively as possible.
  • Comprehensive Legal Services: As criminal defence and sexual assault lawyers, we handle a wide range of criminal defence cases, from complex murders, serious fraud, and cybercrime to more common offences such as drunk driving, assaults, and proceedings involving Apprehended Violence Orders. No matter the complexity of your case, we are wholeheartedly dedicated to achieving the very best possible outcome for you.
  • Personalised Attention: Our dedicated solicitors provide individualised attention to each of our clients. We understand that every single case is unique and as such, we tailor our approach to meet your specific needs and circumstances.
  • Client-Centred Approach: Your best interests are our top priority. We will fight vigorously to protect your human rights, whether it’s securing a not-guilty verdict, or negotiating a more lenient sentence.

If the sexual touching is truly accidental and unintentional, it may not amount to a sexual touching offence. However, every case is understandably unique, and the specific circumstances will determine whether accidental touching can lead to criminal charges.

It is crucial to consult with a skilled criminal defence lawyer who can assess the facts of your case and provide you with the appropriate legal advice.

 

If in the event that you are accused of sexual touching and it was entirely unintentional, with LY Lawyers, you’ll have the best possible chance at securing a not-guilty verdict.

Consent plays a vital role in sexual touching offences. Consent refers to the voluntary and enthusiastic agreement to engage in specific sexual activities.

For sexual touching to be lawful, it must be done with the informed and freely given consent of the other person involved. Consent must be based on a clear understanding of the nature of the act and the consequences involved.

Knowledge, in the context of sexual touching offences, refers to the accused person’s awareness that the alleged victim did not provide consent.

 

The prosecution must prove that the accused knew (or reasonably should have known) that the other person did not consent to the sexual touching.

Sentencing for sexual touching offences in Sydney, Australia depends on a wide variety of different factors, including the nature and severity of the offence, the unique circumstances surrounding the case, and the offender’s criminal history (if at all).

The court takes into account the harm caused to the victim, the level of culpability, and the need for rehabilitation and community protection.

Penalties for sexual touching offences can range from monetary fines to imprisonment, depending on the seriousness of the offence.

A skilled criminal defence lawyer can advocate for a fair and just sentence based on the specific circumstances of your case – which is where we come in

If you are accused of a sexual touching offence, it is crucial to take immediate action to protect your rights and secure reliable legal representation. Here’s what you should do:

  • Remain Calm: It is perfectly natural to feel frightened and overwhelmed, but staying calm is essential to make informed decisions. If you act rashly you may end up harming your case, so we advise that you cut all contact with the accuser and seek legal representation.
  • Seek Legal Advice: Contact LY Lawyers as soon as possible to discuss your case with our experienced criminal defence lawyers. We will provide you with tailored advice and guide you through the complex and overwhelming legal process. Again, as tempting as it may be to try and contact the accuser to resolve the issue outside of court, anything you say can and likely will be used as evidence against you. Only speak with your legal representative and follow their advice to the letter.
  • Preserve Evidence: If you have any evidence that supports your innocence and/or contradicts these serious allegations, gather and preserve it to the best of your ability. This may include text messages, emails, or eye-witness statements.
  • Refrain from Making Statements: It is crucial to avoid making any statements to the police or anyone else without the presence of your lawyer. Anything you say can and will be used against you in court. We understand that saying nothing in your defence can feel counter-productive and even give the appearance of being guilty, however, it is paramount that you remain silent and wait for your chosen legal representation to arrive.
  • Cooperate with Your Lawyer: Make sure that you cooperate fully with your lawyer and work closely with them, providing them with all the necessary information to help build a strong defence strategy on your behalf. Again, with over 20-years as criminal defence lawyers in Sydney, NSW, you can put your absolute faith in our ability to provide you with superior representation during this difficult time.

Facing sexual touching charges is an incredibly serious matter and as such, having a skilled criminal defence lawyer at your side can make a significant difference in the ultimate outcome of your case.

At LY Lawyers, we are dedicated to protecting your human rights and ensuring that you receive a fair and just defence.

If you are feeling lost and overwhelmed, please do not hesitate to contact us today and claim your free consultation.

 

Let us fight for your rights and ensure that you have the best possible chance of seeing justice served on your behalf.

Meet our Founder

Adam Ly, B. Ec. (Majoring in Economics), LL.B.

Managing Director and Principal Lawyer

Read more

Contact us for your FREE initial consultation.

Available at our Sydney CBD, Parramatta, Liverpool, Wollongong, Newcastle or Gosford office.

Book Your Free Consultation

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
9