What is a sexual touching offence?
3 December 2021 in Criminal LawA sexual touching offence is a very serious offence that involves circumstances where a person sexually touches another person without their consent.
Sexual touching is defined as the touching of another person, with any part of the body or with anything else, or 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.
When considering whether touching is sexual, the court will consider the area of the body touched, whether the person doing the touching did so for a sexual reason or any other aspect of the touching that may make it sexual.
A person will be guilty of a sexual touching offence if they intentionally, without the alleged victim’s consent and with knowledge that the alleged victim does not consent:
- 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.
It is important to also note that any touching done for genuine medical or hygienic purposes will not be considered sexual touching.
Aggravated sexual touching offences
An aggravated sexual touching offence is a more serious form of a sexual touching offence. An aggravated sexual touching offence occurs where there is a sexual touching offence is committed in circumstances of aggravation.
Circumstances of aggravation include instances where:
- The alleged offender is in the company of another person or persons, or
- The alleged victim is under the authority of the alleged offender, or
- The alleged victim has a serious physical disability, or
- The alleged victim has a cognitive impairment.
What are the penalties for sexual touching offences?
The penalties associated with sexual touching offences are very serious.
The maximum penalty for a sexual touching offence is 5 years imprisonment.
The maximum penalty for an aggravated sexual touching offence is 7 years imprisonment.
What is a sexual act offence?
A sexual act offence is a serious criminal offence that involves sexual acts that do not include sexual touching.
A sexual act is an act that is carried out in circumstances where a reasonable person would consider the act to be sexual. When considering whether an act is sexual the court will consider the area of the body involved in the act, the reason the act was being performed and any other aspect of the act which may render it sexual in nature.
A person will be guilty of a sexual act offence if they intentionally, without the alleged victim’s consent and with knowledge that the alleged victim does not consent:
Carries out a sexual act with or towards the alleged victim, or
- Incites the alleged victim to carry out a sexual act with or towards the alleged offender, or
- Incites a third person to carry out a sexual act with or towards the alleged victim, or
- Incites the alleged victim to carry out a sexual act with or towards a third person.
- It is important to also note that any act done for genuine medical or hygienic purposes will not be considered a sexual act.
Aggravated sexual act offences
An aggravated sexual act offence is a more serious form of a sexual act offence. An aggravated sexual act offence occurs where the offence is intentionally carried out in circumstances of aggravation. Circumstances of aggravation include where:
- The alleged offender is in the company of another person or persons, or
- The alleged victim is under the authority of the alleged offender, or
- The alleged victim has a serious physical disability, or
- The alleged victim has a cognitive impairment.
Penalties for sexual act offences
The penalties for sexual act offences are very serious.
The maximum penalty for a sexual act offence is 18 months imprisonment.
The maximum penalty for an aggravated sexual act offence is 3 years imprisonment.
Why BSM Lawyers?
Being charged with a sexual touching offence or a sexual act offence is very serious, which is why it is vital that you seek expert legal advice if you are charged with one of these offences.
Brander Smith McKnight’s elite team of criminal defence lawyers have extensive experience with sexual offences and have achieved excellent results for their clients.
