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Sexual Assault By Compelling Sexual Touching

– Section 41 of the Crimes Act 1958

Sexual Assault by Compelling Sexual Touching

Sexual Assault by Compelling Sexual Touching is charged where the police think someone has forced another person to engage in sexual touching, usually through the threat of physical violence.

Examples of Sexual Assault by Compelling Sexual Touching

  • Someone forces another person to touch their own genitals by threatening the other person with violence.
  • Someone forces another person to touch them in a way that sexually gratifies them.

What are some of the possible defences to a Sexual Assault by Compelling Sexual Touching charge

  • The other person consented
  • There was no sexual touching

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires and individual approach and strategy.

Questions in cases like this

  • How can they prove the touching was forced?
  • How can they prove the touching was sexual?

Maximum penalty for this charge

Prison Sentence

Sexual Assault by Compelling Sexual Touching has a maximum penalty of 10 years imprisonment.

What is the legal definition of Sexual Assault by Compelling Sexual Touching

The legal definition of Sexual Assault by Compelling Sexual Touching is when somebody forces another person to sexually touch themselves, sexually touch another person, sexually touch an animal, or be sexually touched by another person or an animal.

Legislation

The section that covers this offence is section 41 of the Crimes Act 1958.