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Sexual Assault By Compelling Sexual Touching

Name: Doogue + George Defence Lawyers
Address: Level 5/221 Queen St, Melbourne, VIC, 3000, AU
Telephone: (03) 9670 5111
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Author: Dee Giannopoulos

Practice area: Sex offences

Dee is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist, recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026), with extensive experience in adult and child sex offence matters. Her depth of experience in this area means clients receive accurate, considered advice.

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Dee authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Sexual Assault By Compelling Sexual Touching?

Sexual Assault by Compelling Sexual Touching is a Victorian offence under section 41 of the Crimes Act 1958. It applies where a person forces another individual to engage in sexual touching involving the accused or a third party.

Key points

Elements: The accused caused the complainant to engage in the touching; the touching was sexual; there was no consent; there was no reasonable belief in consent
Type of conduct: Forcing a person to sexually touch the accused, themselves, another person or an animal, or to be sexually touched
Court level: Indictable offence that can be heard summarily in the Magistrates’ Court

The maximum penalty for Sexual Assault By Compelling Sexual Touching is 10 years imprisonment (level 5 imprisonment).

Common defences may include consent or that the touching was not sexual.

Do the Police want to speak with you about an allegation of Sexual Assault by Compelling Sexual Touching? Do not speak to the Police until you have spoken to one of our experienced lawyers.

Police interview for Sexual Assault By Compelling Sexual Touching

It is very important that you talk to us before you are interviewed. Understanding whether you should talk to or not depends on your own specific circumstances. There are many ways you might respond.

Anything you tell the Police might make running a defence more difficult.

Our lawyers can also attend the Police station with you and sit in on a Police interview to make sure that you are guided not to say anything that may harm your defence.

Pleading not guilty

Our lawyers are experts in running jury trials for offences such as Sexual Assault by Compelling Sexual Touching.

You need a lawyer who is going to be pro-active and who will not just rely on the Police to investigate the matter.

You want a lawyer to ask the Police – what evidence is there other than the statement of the accuser? Is there exonerating evidence? Is there evidence which needs to be protected? Have the Police done a complete investigation?

Pleading guilty

We can help you if you are pleading guilty to Sexual Assault by Compelling Sexual Touching.

We have achieved great outcomes for clients in the past because we value preparation and do not leave things to chance. Our lawyers specialise in Court appearance work and know what works.

Contact an expert in charges of Sexual Assault by Compelling Sexual Touching on (03) 9670 5111.
We provide a free first phone conference.
Download our free booklet to learn more about the Investigation and Court process.

Which court will the case be heard in?

This is an indictable offence, but it can be heard summarily in the Magistrates’ Court.

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.

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.

Elements of the offence

A person may be proven guilty of this charge if the following elements are satisfied in court:

The accused caused another person (C) to touch the accused; or
The accused caused another person (C) to touch themselves; or
The accused caused another person (C) to touch another person (P) or an animal; or
The accused caused another person (C) to be touched by another person (P) or by an animal; and
The touching was sexual; and
The person (C) did not consent to the touching; and
The accused did not reasonably believe that the person (C) consents to the touching.

Legislation

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

Sexual assault by compelling sexual touching
A person (A) commits an offence if—
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; and
B does not consent to the touching; and
A does not reasonably believe that B consents to the touching.
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).¹

Defences

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 individual approach and strategy.

Questions in cases like this

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

Maximum penalty for section 41 of the Crimes Act 1958

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

Sentencing

If you plead guilty to Sexual Assault by Compelling Sexual Touching in the County Court of Victoria, you may receive a term of imprisonment. However, you can reduce the prospect of receiving a prison sentence by:

Organising character references from your family and friends. Character references provide the Sentencing Court with an insight into your character. They also show the Court that you have supports in the community. In DPP v Aldrich [2015] VCC 1913 the Sentencing Judge placed weight on character references because they demonstrated that the accused had family support and that he was taking steps to address his wrong doing.
Organise an expert report. Our lawyers are experienced in engaging appropriately qualified experts who write reports for Court. Your offending might be able to be explained because you suffer from an undiagnosed mental health issue.
Present your personal circumstances to the sentencing Judge. We take the time in getting full personal instructions from our clients so that we can properly present our client’s personal circumstances to the Court.

Sentencing in the higher courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 41(1) — 12 charges, higher courts, 1 July 2019 – 30 June 2024.

Sentencing outcome	%
Imprisonment	75.0%
Community Correction Order	25.0%

These figures indicate that there is a strong likelihood of imprisonment for this offence when it is dealt with in the higher courts. However, the presence of community-based orders shows that courts may impose alternatives to custody in some circumstances. The sentence imposed will depend on the specific facts of the case, including the nature of the conduct, the impact on the victim and the offender’s personal circumstances.

FAQ About Sexual Assault by Compelling Sexual Touching

What are practical examples of Sexual Assault by Compelling Sexual Touching?

Examples include threatening a person with violence to make them touch their own genitals, or forcing someone to touch another person in a way that sexually gratifies the offender. The defining feature is that the sexual contact is compelled rather than voluntary.

What issues are commonly contested in court for this offence?

Two central issues are whether the touching was genuinely forced and whether it was sexual in nature. These questions often determine whether the conduct meets the legal threshold for the offence.

How is a not guilty plea typically approached in this type of case?

A not guilty plea involves challenging the prosecution evidence at trial. This can include examining whether there is evidence beyond the complainant’s statement and whether any material supports the accused’s version of events.

What happens if someone pleads guilty to this charge in the County Court?

Upon a guilty plea in the County Court of Victoria, a sentencing hearing takes place. A term of imprisonment is possible. Preparation may involve presenting character references, obtaining an expert report, and placing relevant personal circumstances before the judge.

Why is a police interview important in these cases?

What is said in a police interview can significantly affect the conduct of the defence. Different approaches can be taken during questioning, and statements made to police may later be relied upon in court.

Is this offence treated as a serious charge in Victoria?

Yes. It is classified as an indictable offence and carries a maximum penalty of 10 years imprisonment, reflecting its seriousness under Victorian criminal law.

_{[1] Australian legal Information Institute. “Crimes Act 1958 – Section 41: Sexual assault by compelling sexual touching.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s41.html (accessed June 22, 2020).}