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What Is a Sexual Touching Offence?
A sexual touching offence occurs when a person intentionally touches another person in a sexual manner without their consent. This offence is defined under various sections of the Criminal Code and can include acts where the intent to cause sexual arousal or gratification is evident.
Key elements that constitute a sexual touching offence include:
- Intentional Touching: The touching must be deliberate and involve contact with a person’s body in a sexual context. This can include touching over clothing or direct skin contact.
- Lack of Consent: Consent must be freely given and can be withdrawn at any time. If the person touched does not consent, or if they are incapable of giving consent due to age, mental capacity, or intoxication, the act can be considered a sexual touching offence.
- Sexual Context: The nature of the touching must be sexual. This can be determined by the area of the body touched, the circumstances of the contact, and the relationship between the parties involved.
Penalties for a Sexual Touching Offence
Penalties for a sexual touching offence can be severe, ranging from fines to significant prison sentences, depending on the circumstances of the case, the age of the victim, and whether the offender has prior convictions. For first-time offenders, the court may consider factors such as the nature of the offence, the offender’s intent, and the impact on the victim
Proof of a Sexual Touching Offence
To secure a conviction for a sexual touching offence, the prosecution must prove the following elements beyond a reasonable doubt:
- Intentional Contact: The prosecution must establish that the accused intentionally made contact with the victim in a sexual manner.
- Absence of Consent: It must be shown that the victim did not consent to the touching or was incapable of giving valid consent.
- Sexual Nature of the Touching: The act must be proven to have a sexual context, which can be inferred from the circumstances or the nature of the contact.
Defences Against a Sexual Touching Offence
Defending against a sexual touching offence charge requires a proper approach, where every piece of evidence is carefully scrutinised. Common defences include:
- Consent: Demonstrating that the alleged victim consented to the touching can be a strong defence if the circumstances support this claim.
- Mistaken Belief in Consent: If the accused genuinely believed that the other party consented to the act, this may serve as a defence, provided the belief was reasonable.
- The contact was not “sexual”: If the Prosecution cannot demonstrate that the touching was not indecent by community standards, this would be a defence to the charge.
Sexual Touching Offence Defence Lawyers
At Rana Lawyers, we specialise in defending clients against sexual touching offence charges. Our legal team provides comprehensive support, from analysing the prosecution’s evidence to presenting a detailed defence in court. We understand the weight of such charges and are committed to safeguarding your rights throughout the legal process.
Contact Rana Lawyers today for expert legal advice and representation. We are available 24/7 to assist you in challenging the charges and protecting your future.
