Aggravated Sexual Touching on a Child (previously Aggravated Indecent Assault on a Child)
Aggravated Sexual Touching on a Child (previously Aggravated Indecent Assault on a Child) is one of the worst offences to be accused of. Our criminal lawyers know there is nothing worse than being accused of being a paedophile. The mere allegation has the potential to turn friends, family, and employers against you. For that reason, we don’t just see ourselves as fighting for you in court. We also fight to restore the damage done to your life and reputation from the unjust, untrue allegations against you. We stand by you during what is likely to be one of the hardest times of your life.
Our criminal lawyers beat Indecent assault against a child charges by attacking the evidence of your accuser and other police witnesses. We call witnesses to talk about your good character and pick apart medical/DNA evidence or pointing to its absence.
Contact us if you are charged with Indecent assault against a child to secure the best representation.
Read more about Sexual Touching offences, penalties and defences here
How do I beat a charge of Sexual Touching Against a Child (a.k.a Indecent assault against a child)?
You will be found not guilty of the offence of Aggravated Sexual Touching on a child (or indecent assault on a child) if the police cannot prove beyond reasonable doubt:
- You assaulted the victim (an assault is the intentional or reckless application of force to the person of another or an act designed to cause fear of unlawful violence).
- The assault was accompanied by an act of indecency on or in the presence of the victim which occurred before, after or at the time of the assault.
- The victim was under the age of 16 years old (a person under 16 years of age cannot consent to an indecent assault).
An indecent act is one that right-minded persons would consider to be contrary to community standards of decency. Where the act has unequivocal sexual connotations, it is unnecessary for the prosecution to prove the purpose of the act was the provision of sexual gratification.
Pleading guilty to Aggravated Sexual Touching on a Child
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
The offence of Aggravated indecent assault on a child carries a maximum penalty of two years imprisonment in the Local Court and 10 years imprisonment in the District Court. These penalties are typically reserved for the worst offenders. Aggravated indecent assault on a child is an extremely serious offence and has a standard non parole period. If you are charged with Aggravated indecent assault on a child, you should contact our office immediately.
Read about all the sentencing options that a court has, including about not having a conviction recorded.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
Australian Criminal Law Group represented an 18-year-old man charged with the Aggravated sexual assault of a 14-year-old and a number of counts of indecent assault. The allegation was that she had been raped when the Accused and his friends stole her mobile phone and coerced her into sexual intercourse. The complainant was cross-examined about her conduct following the alleged rape in which she continued her relationship with the Accused as well as inconsistent statements to police and friends. The jury deliberated for no more than 30 minutes and came back with a not guilty verdict. The jury one may speculate, on the basis of the cross examination, found the girl to an unreliable and dishonest witness, and the Accused to be telling the truth. The Accused was found not guilty.
Australian Criminal Law Group represented a school bus driver charged with touching a child in his care. The only evidence of the complainant was the child who was cross-examined at the Local Court hearing. The Magistrate agreed the child may have been influenced by his mother who misconstrued the original complaint. Our client was found not guilty.
Mr Correy represented a person charged with Aggravated sexual assault with a child aged more than 14, less than 16, and aggravated indecent assault. He negotiated the charge with the DPP who accepted a guilty plea to sexual intercourse with a child aged more than 14, less than 16. This was on the basis of Mr Correy’s representations that they would struggle to prove beyond reasonable doubt that there had not been consent. Mr Correy also convinced the DPP to allow the case to be dealt with in the Local Court. In the end the client received a suspended jail sentence of two years. This meant that a person of prior good character, who had never been in trouble, before stayed out of jail and walked out of Campbelltown Court.