Australian Capital Territory Current Acts

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Meaning of sexual act—pt 3

    (1)     In this part:

    "sexual act"—

        (a)     means—

              (i)     sexual intercourse; and

              (ii)     sexual touching; and

              (iii)     any other act in circumstances where a reasonable person would consider the act to be sexual; but

        (b)     does not include an act carried out for a proper medical purpose or otherwise authorised by law.

    (2)     The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include the following:

        (a)     whether the area of the body involved in the act is a person's breasts, genital area or anal area;

        (b)     whether the person carrying out the act does so for the purpose of sexual arousal or sexual gratification;

        (c)     whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

    (3)     In this section:

    "object"—see section 50 (2).

    "sexual touching", by a person (the first person ) means—

        (a)     touching another person, including through something, with any part of the first person's body or with an object in circumstances where a reasonable person would consider the touching to be sexual; and

        (b)     the continuation of sexual touching as defined in paragraph (a).

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