Have you been charged with sexual assault by compelling sexual touching?
Allegations of sexual offences are very serious and should be dealt with accordingly. There are a number of issues to consider if you have been charged with this offence.
- Can the prosecution make out the elements of the offence beyond reasonable doubt?
- Have you caused another person to touch you, another person or an animal in a sexual way?
- Does the touching meet the definition of ‘sexual touching’ for the purposes of this offence?
- Do you have a possible defence?
Section 35B of the Crime Act sets out when touching may amount to touching that is considered sexual.
You should also bear in mind that pleading guilty to this offence may result in an immediate and significant term of imprisonment.
The Offence
Compelling Sexual Assault by Sexual Touching, section 41 of the Crimes Act 1958.
The Prosecution must prove;
The accused (A) intentionally causes another person (B) —
- To touch A; or
- To touch themselves, or
To touch another person (C) or an animal, or to be touched by (C) or by an animal; and
- The touching is sexual
- The other person does not consent to the touching
- The accused does not does not reasonably believe that B consents to the touching.
Per section 35B Of the Crimes Act 1958 the act of touching can be effected
- with any part of the body; or
- with anything else; or
- through anything, including anything worn by the person doing the touching or by the person touched.
Touching may be sexual due to
- Touching an area of the body that is touched or used in the touching, including (but not limited to) the genital or anal region, the buttocks or, in the case of a female or a person who identifies as a female, the breasts; or
- the fact that the person doing the touching seeks or gets sexual arousal or sexual gratification from the touching; or
- any other aspect of the touching, including the circumstances in which it is done.
The maximum Penalty
Level 5 imprisonment (10 year maximum)
Where will my case be heard?
Your matter will be heard in the Magistrates or County Court of Victoria.
Questions to consider
Do you have a defence? It will not be a defence to this charge that you mistakenly believed that the touching was not ‘sexual’.
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to see an experienced sex offence criminal lawyer urgently. For a charge as serious as this one, preparation is critical to achieving a favourable outcome. Don’t leave it to the last minute.
If you have been charged with compelled sexual assault under section 39 of the Crimes Act, make an appointment to see one of our experienced criminal lawyers today.
