41Sexual assault by compelling sexual touching

41 Sexual assault by compelling sexual touching

S. 41(1)(a) substituted by No. 47/2016 s. 13(1).

(a) A intentionally causes another person (B)—

(i) to touch A; or

(ii) to touch themselves; or

(iii) to touch another person (C) or an animal; or

(iv) to be touched by C or by an animal; and

(b) the touching is sexual; and

(c) B does not consent to the touching; and

(d) A does not reasonably believe that B consents to the touching.

S. 41(3)(4) repealed by No. 47/2016 s. 13(2).

Note to s. 41 substituted as Notes by No. 47/2016 s. 13(3).

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.

S. 42 inserted by No. 74/2014 s. 4.