Our expert criminal lawyers for sexual touching of a child offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Sexual touching of a child
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.Â
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. 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, causing a child to touch someone else in a sexual way or inciting another person to sexually touch a child. It is important to note that consent is not a defence. It is irrelevant whether a child appeared to agree.
Pleading not guilty
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.
You can read more information about pleading not guilty here.
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.
Read more about what to do if wrongfully accused of sexual assault here.Â
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, and argue for the most lenient outcome available.
You can read more about pleading guilty here.
The offence carries a maximum penalty of 16 years’ imprisonment for children under 10, and up to 10 years’ imprisonment for children aged 10 to 16.Â
Sexual touching of a child is an extremely serious offence and has a standard non-parole period. If you are charged with Sexual Assault, you should contact our office immediately. Avoiding a conviction is far more difficult in offences involving children, due to their seriousness.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your sexual touching of a child charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.