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03 February 2025 Posted by 

LEGAL: ASSAULT ON MARRIAGE VALUES

Blurred lines with consentual touching
LOVING husbands and wives must be aware that a hardening of police interpretations as to what constitutes common assault can lead to unexpected criminal charges.
 
If you are charged for unwanted touching, or acting in a manner perceived as threatening, you will have a criminal record for domestic violence for the rest of your life if found guilty.
 
“Time and time again, we are in court defending people on common assault charges who have been happily married for many years and continue to be in loving and caring relationships,” Nott and Co Lawyers solicitor, Mr Mathew Nott, said.
 
“Police get called to a home by somebody, it can even be a neighbour, and they will ask one of the parties whether they have touched the other party.
 
“Sometimes the answer can be “yes” based simply upon a reassuring hand placed on a shoulder during an argument.
 
“The other party, who by this time is taken aside, will be asked “did you give your partner express permission to touch you”. If the answer is “no – I did not give permission”, a charge of common assault likely follows.
 
“The question that needs to be answered is “in a relationship, can there be touching without consent or hostility that does not constitute common assault, even in the context of an argument.
 
“At issue is if the incident did not involve more force than the ordinary touching that takes place with implied consent in a conjugal relationship, why do police proceed with the charge. 
 
“Touching without permission occurs every day in a loving marriage and those gestures of affection should not be misconstrued by police simply because the context may have been the touching occurred during a heated discussion.”
 
Common assault is a serious offence under section 61 of the NSW Crimes Act 1900 (Crimes Act). 
 
This section states: 'Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
 
The maximum penalty for common assault is two years imprisonment though only hardened offenders would expect such a harsh sentence. 
 
You are convicted of common assault if you touched somebody without their permission or without lawful excuse. 
 
It can also arise if a person fears they are about to be touched, or f objects are thrown toward a person, or if something is done to cause a person to fall. 
 
There are exceptions to common assault laws such as during sport, or touching on a crowded bus. 
 
Touching during medical treatment is an area where there is an implied consent.
 
Section s61AA of the Crimes Act allows a parent to apply ‘reasonable’ physical punishment to a child in certain circumstances. This exemption does not cover physical force to the head or neck.
 
If you have been charged with assault, contact Mathew@goldman-lawyers.com for a free consultation.


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Michael Walls
michael@accessnews.com.au
0407 783 413

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