If you are looking for an indecent assault lawyer or a sexual touching criminal lawyer, call Criminal Lawyers Sydney and Suburbs on (02) 9533 2269 to speak to an experienced lawyer who has appeared in numerous indecent assault and sexual touching cases over the past 30 years.
Indecent assault and sexual touching offences are lower level sexual assault offences in terms of seriousness. They are, however, still relatively serious offences.
Indecent Assault Lawyer
Until towards the end of 2018, the offence of indecent assault existed. It’s a term that most people are familiar with. If you are charged with an offence that is alleged to have occurred prior to 1 December 2018, indecent assault is still the relevant offence. There also remains the offence of aggravated indecent assault if you are charged with an incident dating back prior to 1 December 2018. The circumstances of aggravation are similar to aggravated sexual touching (see below).
The maximum term of imprisonment for indecent assault is 5 years, and for aggravated indecent assault is 7 years. These offences are generally dealt with in the Local Court (although in some instances can be transferred to the District Court to be dealt with there).
Sexual Touching Offences
If an offence is committed in the nature of an indecent assault since 1 December 2018, the offence that a person will be charged with is now called sexual touching. The current offence arises under section 61KC of the Crimes Act, and the aggravated version arises under section 61KD.
Of course, sexual touching needs to be a touching without consent for it to amount to the offence. It also needs to be intentional on your part (assuming you are the alleged offender).
Lawyer for Sexual Touching Offence
The offence of sexual touching carries a maximum term of imprisonment of 5 years, while aggravated sexual touching carries a maximum term of imprisonment of 7 years. Again, these matters are usually finalised in the Local Court, although less often can be transferred to the District Court.
Circumstances that amount to aggravation are set out in section 61KD(2), and include you being in the company of another person while committing the offence, and the victim suffering from either a serious physical impairment or from an intellectual (cognitive) impairment, or where the alleged offender has some type of authority over the alleged victim.
The elements of the offence of indecent assault and the offence of sexual touching are slightly different, but in practical terms are quite similar. For either offence the Prosecution needs to prove that there was a touching of another person by you, of a part of the body that is considered sexual in nature, without the consent of the other person.
Indecent Assault Lawyer or Lawyer for Sexual Touching
If you have been charged with a sexual touching offence, or need an indecent assault lawyer, seek legal advice and representation from an experienced indecent assault lawyer as soon as you can – call Criminal Lawyers Sydney and Suburbs on (02) 9533 2269 without delay.
