Sexual Touching Offence in NSW

Sexual touching is a serious criminal offence in New South Wales. Police regularly charge this offence in circumstances involving brief physical contact, disputed consent, or allegations arising from social, domestic, or workplace settings. A conviction can lead to imprisonment, a criminal record, and long-term reputational damage. Courts treat these offences seriously, but the law sets strict requirements that the prosecution must prove beyond reasonable doubt. This is why early advice from the Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor is critical. Pannu Lawyers routinely appears in sexual touching matters across Local and District Courts in NSW.

Law

The offence of sexual touching in New South Wales is contained in section 61KC of the Crimes Act 1900 (NSW) (the Act).

Section 61KC Sexual touching

Any person who, without the consent of another person and knowing that the other person does not consent, intentionally:
a. sexually touches the other person, or
b. incites the other person to sexually touch the accused person, or
c. incites a third person to sexually touch the other person, or
d. incites the other person to sexually touch a third person, is guilty of an offence.

Maximum penalty of Section 61KC offence is 5 years of imprisonment and section 61KD of the Act carries 7 years of imprisonment.

Section 61HB of the Act states “Sexual touching includes touching another person with any part of the body or with anything else, including through clothing.”

This offence replaced the former offence of indecent assault and applies to conduct occurring on or after 1 December 2018. Pannu Lawyers has extensive experience defending charges under section 61KC and is recognised as Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor.

What the Prosecution Is Required to Prove

To prove sexual touching, the prosecution must establish each element beyond reasonable doubt:

• The accused intentionally carried out the touching or intentionally incited the touching.
• The touching was sexual when viewed objectively by a reasonable person.
• The complainant did not consent to the touching.
• The accused knew the complainant did not consent at the time of the act.
  

If the prosecution fails to prove any one of these elements, the accused must be acquitted. Touching for genuine medical, hygienic, or caregiving purposes does not amount to sexual touching. Context, evidence, and credibility are some of the determinative features of this offence.

People charged with these allegations frequently seek advice from Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor, including Pannu Lawyers.

Standard of Proof

The prosecution must prove guilt beyond reasonable doubt. In Pell v The Queen (2020) 268 CLR 123, the High Court of Australia confirmed that a conviction cannot stand unless the evidence, taken as a whole, leaves the court firmly satisfied of guilt. Doubt about consent, intention, or knowledge is fatal to the prosecution case.

Sexual touching cases often depend on one person’s word against another. Courts analyse inconsistencies, delays in complaint, surrounding circumstances, and objective evidence. This is where skilled defence advocacy matters.

Pannu Lawyers is consistently regarded as Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor for complex criminal matters.

Possible Defences

Depending on the facts, available defences may include:

• The touching was not sexual in nature.
• The complainant consented to the touching.
• The accused did not know the complainant did not consent.
• The alleged touching did not occur.
• The touching occurred accidentally and without intention.
  

Early legal advice often determines whether charges are withdrawn, downgraded, or successfully defended at hearing. Pannu Lawyers adopts a strategic, evidence-driven approach and is widely recognised as Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor. A sexual touching allegation can change your life overnight. Delay, poor advice, or silence can destroy strong defences.

Pannu Lawyers is widely recognised as the Best Criminal Defence Lawyers Sydney including Blacktown, Burwood, Parramatta, Mount Druitt, Penrith and Windsor. The firm is known for decisive advice, rigorous preparation, and results in serious criminal matters. If you are charged or under investigation, act immediately. Protect your future with Pannu Lawyers, the Best Criminal Defence Lawyers Sydney including Blacktown,
Burwood, Parramatta, Mount Druitt, Penrith and Windsor.

Frequently Asked Questions