>[!INFO] >[Section 40 Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s40.html "Sexual Assault") - A person (A) commits an offence if; (A) **intentionally touches** another person (B); 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. > [!SUCCESS] > [There is a Judicial College Section for this offence.](https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#56168.htm) # Example Whilst on the train, a male sits down behind a female traveler and exposes his penis. Whilst he does so, he grabs the female's thigh and grips onto it. A sexual assault has occured. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the Magistrates' Court. # Point of Proof - Identity - No Consent Given - Intentionally Touches Another Person - Touching is Sexual - Victim Does Not Consent - Accused Does Not Reasonably Believe Victim Consents ## Intentional Touching - "Touching" is defined in the Crimes Act 1958 S35B as: - With any part of the body; or - With anything else; or - Through anything, including anything worn by the person doing the touching or by the person touched - The 'intention' aspect is left open ended, allowing for interpretation. It cannot be accidental or inadvertant and the prosecution must prove this beyond a reasonable doubt.