Sexual Touching (Indecent Assault) Lawyers Sydney

Charged with a Sexual Touching Offence? We're Here to Help

Have you found yourself facing the daunting reality of being charged with Sexual Touching? We understand the gravity of such allegations and the profound impact they can have on every aspect of your life, which can extend far beyond the courtroom, affecting your reputation, livelihood, personal relationships and so much more. 

In times like these, it is imperative to secure immediate legal representation from experienced professionals who will tirelessly advocate for your rights and defend your innocence. At Faraj Defence Lawyers, we offer compassionate support and expert legal guidance to navigate you through this difficult period.

Don't face these allegations alone. Contact one of our specialised sexual offences lawyers today and allow our team to listen, advise and fight for your justice.

Call us today for a free consultation at (02) 8896 6034, or by booking in a free initial consultation at our Parramatta office.

Why Choose Faraj Defence Lawyers for Your Sexual Touching Charge

When facing the weight of a sexual touching charge, choosing the right legal representation can be the difference between a future filled with unfair consequences or one where your innocence is fiercely protected. At Faraj Defence Lawyers, we stand as your beacon of hope and unwavering support with unparalleled expertise in navigating the intricacies of sexual touching offences. Here's why choosing us is your best course of action:

Understanding Sexual Touching Offences

What is the offence of Sexual Touching?

Sexual touching is defined under Section 61KC of the Crimes Act 1900 (NSW) as intentional physical contact of a sexual nature without the consent of the other person. The act must involve circumstances that a reasonable person would consider sexual.

Key Elements Include:

• The nature of the contact (e.g., touching private areas)

• Whether the act could reasonably be considered sexual

• The absence of freely given consent
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What Are the Different Types of Sexual Touching Offences?

Sexual touching encompasses a range of related offences, including:

• Sexual Assault: Intentional, non-consensual sexual touching, such as groping or fondling

• Aggravated Sexual Assault: Involves aggravating factors like force, weapons, or multiple offenders

• Aggravated Indecent Assault: Physical assault accompanied by indecent acts

• Grooming: Actions aimed at enticing children under 16 for sexual activity, such as giving gifts or establishing trust

• Possession of Child Pornography: Possessing, producing, or distributing explicit material involving children
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How Does the Law Define Consent?

Consent must be freely and voluntarily given. It cannot exist if the person is:

• Incapacitated due to alcohol or drugs.

• Subjected to coercion, threats, or intimidation.

• Deemed incapable of understanding the nature of the act.

Legal Penalties and Consequences of Sexual Touching Charges

Sexual touching is a serious offence under NSW law, carrying significant penalties and long-term consequences. Understanding these outcomes can help you better prepare your defence and navigate the legal process.
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Standard Penalties for Sexual Touching

Under Section 61KC of the Crimes Act 1900 (NSW), the standard maximum penalty for sexual touching is 5 years imprisonment. The exact sentence may vary depending on the circumstances of the offence, including the presence of aggravating factors.
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Penalties in Circumstances of Aggravation

If the offence is committed in circumstances of aggravation, the penalties increase substantially:

Maximum Penalty: 7 years imprisonment

Aggravating circumstances include situations where:

• The accused was in the company of another person or persons.

• The complainant was under the authority of the accused.

• The complainant had a serious physical disability or cognitive impairment.
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Penalties for Sexual Touching Involving Children

Children Under 10 Years

Maximum Penalty: 16 years imprisonment

Consent is irrelevant as children under 10 are legally incapable of providing consent.
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Children Aged 10 to 16 Years

Maximum Penalty: 10 years imprisonment

For individuals in this age range, consent is also irrelevant under NSW law.

Both offences involving children under 16 are classified as Table 1 offences, meaning they may proceed to the District Court for a jury trial if either party elects.
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Children Aged 16 to 18 in Special Care

When the accused is in a position of special care—such as a teacher, guardian, or health professional—the law imposes strict penalties even if the child is over 16 years old:

When the accused is in a position of special care—such as a teacher, guardian, or health professional—the law imposes strict penalties even if the child is over 16 years old:

• For Victims Aged 16 to 17: Maximum penalty of 4 years imprisonment

• For Victims Aged 17 to 18: Maximum penalty of 2 years imprisonment
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Long-Term Consequences of a Conviction

Beyond the immediate penalties, a conviction for sexual touching can have lasting implications on various aspects of your life, including:

• A permanent criminal record

• Restrictions on employment opportunities

• Challenges in securing visas or travelling overseas

Defending Against Sexual Touching Charges

Being charged with sexual touching doesn’t mean a conviction is inevitable. There are various defences that can be explored based on the circumstances of your case.
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Common Defence Strategies

• Mistaken Identity: Establishing that the accused was not involved in the incident.

• Lack of Intent: Demonstrating that the act was accidental and lacked sexual intent.

• Consent: Providing evidence that the alleged victim consented to the act.

• Challenging Evidence: Highlighting inconsistencies in the prosecution’s case or disputing the credibility of witness testimonies.

What Are Your Options in Court?

Pleading Not Guilty

If you are confident in your innocence or have a strong defence, you can plead not guilty and proceed to trial. Our lawyers will work to challenge the evidence and secure an acquittal.
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Negotiating a Plea Bargain

In some cases, negotiating a plea deal can result in reduced charges or lighter penalties. We’ll guide you through this process and negotiate on your behalf.
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Seeking Diversion Programs

For less serious offences, diversion programs may be available, focusing on rehabilitation rather than punishment. These can help you avoid a conviction altogether.

At Faraj Defence Lawyers, we thoroughly investigate all aspects of your case, from police reports to witness accounts. We also consult with experts, if needed, to build a compelling argument in your favour. Our team is dedicated to achieving the best possible outcome.

Book a Confidential Consultation Today

At Faraj Defence Lawyers, we understand the gravity of sexual touching allegations and the impact they can have on your life. With our expert legal advice and strategic defence strategies, we can make a real difference in your case. Our experienced team will provide you with compassionate support, calculated guidance, and relentless advocacy to fight for the best possible outcome.

Don't face these charges alone. Take the first step towards protecting your future by scheduling your free initial consultation with us today by calling (02) 8896 6034, or by visiting us at our Parramatta office via appointment.