Sexual assault by compelling sexual touching
41 Sexual assault by compelling sexual touching
S. 41 inserted by No. 74/2014 s. 4.
A person (A) commits an offence if—
S. 41(1)(a) substituted by No. 47/2016 s. 13(1).
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).
S. 41(3)(4) repealed by No. 47/2016 s. 13(2).
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Note to s. 41 substituted as Notes by No. 47/2016 s. 13(3).
Notes
1 Exceptions apply to this offence—see section 48A.
2 A mistaken but honest and reasonable belief that the touching was not sexual is not a defence to this offence—see section 48B.
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