Sexual Touching of a child is one of the worst offences to be accused of. Our criminal lawyers know there is nothing worse than being accused of being a paedophile. The mere allegation has the potential to turn friends, family, and employers against you. For that reason, we don’t just see ourselves as fighting for you in court. We also fight to restore the damage done to your life and reputation from the unjust, untrue allegations against you. We stand with you during what is likely to be one of the hardest times of your life.
What is Sexual Touching of a child?
Sexual Touching of a child is a serious criminal offence under the Crimes Act 1900 (NSW). These offences apply where a person intentionally engages in sexual touching involving a child under the age of 16.
The law distinguishes between:
- Children under the age of 10, and
- Children between 10 and 16.
Sexual touching includes touching a child in a sexual way or causing a child to touch someone else in a sexual way. It is important to note that consent is not a defence. It is irrelevant whether a child appeared to agree.
Beating the charge
To be found guilty of sexual touching, the prosecution must prove beyond a reasonable doubt that:
- The accused intentionally sexually touched another person, or incited another person to engage in sexual touching,
- The child was under the relevant age threshold at the time of the offence.
Unlike adult offences, the prosecution does not need to prove lack of consent.
Defences in these cases often focus on:
- Whether the alleged conduct actually occurred,
- Whether the conduct was sexual in nature,
- The reliability of the child’s evidence,
- Inconsistencies in statements,
- Forensic material,
- The circumstances in which the allegation arose.
Sexual touching offences involving children carry significantly higher penalties under the Crimes Act 1900 (NSW). Maximum penalties include:
- Sexual touching of a child under 10 – up to 16 years’ imprisonment under section 66DB.
- Sexual touching of a child aged 10 to 16 – up to 10 years’ imprisonment under section 66DC.
Avoiding a conviction is far more difficult in offences involving children, due to their seriousness.
Pleading guilty
A guilty plea may result in:
- A reduction in sentence, and
- Recognition of remorse by the court.
The court will consider the child’s age, the seriousness of the conduct, the relationship between the accused and the child, the offender’s personal circumstances, and any steps taken toward rehabilitation.
Proper legal representation is critical to ensure the agreed facts are accurate, present evidence of good character and rehabilitation while arguing for the most lenient outcome available.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for child sexual touching offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here. To discuss your Obscene exposure charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.