Our criminal lawyers often represent clients charged with sexual touching successfully beating the charge or where the guilty plea is made having no convictions being recorded.
Is touching a person assault. An assault as the giving of a blow to somebody but that is not necessary. Sexual Touching is the offence previously known as Indecent Assault. In fact the legal definition and elements of proof for assault do not ever mention any kind of physical contactonly the reasonable belief that harmful or offensive contact will be inflicted on the victim.
Sexual Touching is an offence in NSW under section 61KC of the Crimes Act. Kissing another person if the kiss is unwanted and not consented to. No doubt it immediately conjures up in your minds the image of one person striking another person physically whether with a hand a fist or perhaps some hand held implement.
The slightest touch is sufficient to amount to an assault and it does not have to be a hostile or aggressive act or one that caused the complainant fear or pain. It is created by section 3 of the Sexual Offences Scotland Act 2009. Sexual assault is a legal term used to describe a range of sexual offences from showing indecent images to another person to kissing or touching them as well as penetration of the persons body with a body part or object.
Indecent assault involves the act of touching or threatening to touch a persons body in a sexual manner without their consent. In particular indecent assault has now been abolished and replaced with the offence of sexual touching. An assault is the deliberate and unlawful touching of another person.
Sexual assault 1 A person A commits an offence if a he intentionally touches another person B b the touching is sexual c B does not consent to the touching and d A does not reasonably believe that B consents. An assault may occur by for example striking touching moving or applying force without a persons consent or with the persons consent if that consent is obtained by fraud. According to the Sexual Offences Act 2003 the elements of the offence of sexual assault are.
A person does not necessarily need to strike someone in order to be found guilty of assault. Unwanted touching of another persons genitals. This means no criminal record.