Sexual touching is a serious criminal offence in New South Wales (NSW), carrying significant legal consequences. Under the Crimes Act 1900 (NSW), sexual touching is defined and penalised to protect individuals from unwanted sexual advances and ensure justice for victims. At Pannu Lawyers, we aim to provide clear legal guidance on this matter, whether you are facing charges or seeking to understand your rights.

What is Sexual Touching?

Section 61KC of the Crimes Act 1900 (NSW) defines sexual touching as:
Touching another person’s body, including through clothing,Where the act is sexual in nature, and Without the other person’s consent.

Examples of sexual touching include:
✔ Unwanted groping or fondling
✔ Touching private parts without consent
✔ Pressing against someone in a sexual way

Penalties for Sexual Touching in NSW

Sexual touching is classified as an indictable offence, meaning it can be heard in both the Local Court and District Court, depending on the severity of the case.

✅ Maximum Penalty: 5 years’ imprisonment in District Court or 2 years in Local Court
✅ Aggravated Sexual Touching (Section 61KD): Maximum 7 years’ imprisonment

Aggravated circumstances include:

✔ The victim being under 16 years of age
✔ The offender being in a position of authority
✔ The offence being committed with another person’s assistance

Consent & Defences in Sexual Touching Cases

A key element of a sexual touching charge is lack of consent. The law recognises that a person does not consent if they:
❌ Are asleep, unconscious, or intoxicated
❌ Are threatened, coerced, or forced
❌ Are under 16 years of age (a minor cannot legally consent to sexual touching)

Common Defences

✔ Consent – If the accused reasonably believed the other person consented
✔ Mistaken Identity – If there is doubt about who committed the act
✔ Lack of Intent – If the touching was accidental or not sexual in nature
✔ Duress – If the accused was forced or threatened to commit the act

Facing Sexual Touching Charges? Contact Pannu Lawyers

If you have been charged with sexual touching, seeking immediate legal advice is crucial. A conviction can have lifelong consequences, including imprisonment, registration as a sex offender, and reputational damage.

At Pannu Lawyers, we have extensive experience in defending sexual offence cases. We will assess your situation, advise you on your options, and build a strong legal strategy for your defence.
📞 Call us today on 02 9920 1787 or 1300 VAKEEL for a confidential discussion.

Pannu Lawyers – Your Trusted Criminal Defence Team in Blacktown, Parramatta, Mount Druitt, Penrith, Sydney or any other Court in NSW.

✔ Experienced Family & Criminal Lawyers
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For expert legal assistance, contact us now on 02 9920 1787 or 1300 VAKEEL. Your future is our priority.