New South Wales Consolidated Acts

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Meaning of "sexual touching"

61HB Meaning of "sexual touching"

(1) For the purposes of this Division,
"sexual touching" means a person touching another person--
(a) with any part of the body or with anything else, or
(b) through anything, including anything worn by the person doing the touching or by the person being touched,
in circumstances where a reasonable person would consider the touching to be sexual.
(2) The matters to be taken into account in deciding whether a reasonable person would consider touching to be sexual include--
(a) whether the area of the body touched or doing the touching is the person's genital area or anal area or (in the case of a female person, or transgender or intersex person identifying as female) the person's breasts, whether or not the breasts are sexually developed, or
(b) whether the person doing the touching does so for the purpose of obtaining sexual arousal or sexual gratification, or
(c) whether any other aspect of the touching (including the circumstances in which it is done) makes it sexual.
(3) Touching done for genuine medical or hygienic purposes is not sexual touching.

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