Sex-Based Offences in New South Wales (NSW)

Sexual touching involves intentionally touching another person in a sexual manner without their consent(section 61KC, Crimes Act 1900 (NSW)).

• Examples include unwanted kissing, groping, or fondling.
• Maximum penalty: 5 years imprisonment.
• Aggravated sexual touching (section 61KD) applies in cases involving children under 16, coercion, or other aggravating circumstances.

Indecent assault occurs when a person assaults another in a sexual way, without consent, but not necessarily through sexual intercourse (sections 61L–61M, Crimes Act 1900 (NSW)).

• This can include inappropriate touching, sexual gestures, or forcing someone into sexual acts.
• Maximum penalty: 10 years imprisonment, depending on circumstances and severity.
• Aggravated indecent assault can apply when the victim is a child or when other aggravating factors are present.

Indecent exposure (section 393, Crimes Act 1900 (NSW)) involves wilfully exposing oneself in a public place or where others may see, with the intention to offend, shock, or obtain sexual gratification.

• Maximum penalty: 12 months imprisonment and/or a fine.
• Certain cases can require registration as a sex offender.

Incest (section 78, Crimes Act 1900 (NSW)) occurs when sexual activity takes place between close relatives, including parents and children, siblings, and in some cases, step-relations.

• Consent is not a defence in incest cases.
• Maximum penalty: 25 years imprisonment, depending on the type of sexual activity and the ages of the parties involved.

Bestiality (section 78A, Crimes Act 1900 (NSW)) involves sexual activity with an animal.

• It is considered a serious criminal offence due to the inherent abuse of animals.
• Maximum penalty: 7 years imprisonment.

NSW law emphasises affirmative consent, meaning consent must be actively communicated. Silence, submission, or lack of resistance does not constitute consent. Every participant must take steps to ensure the other person is consenting at all times.