There's a fine line between unauthorised touching which can
amount to an assault and the realities of day-to-day life, where
there may be no way to avoid physical contact with other people in
our crowded streets and footpaths, in long queues or on public
transport.
So, what does the law say?
The offence of
common assault
In situations of non-sexual touching that is not consensual, the
most likely criminal offence that could apply is known as
common assault.
This is an offence under
section 61 of the Crimes Act 1900 (NSW) which carries a maximum
penalty of 2 years' imprisonment.
The Act does not define what may amount to a common assault, let
alone contain a list or explanation of conduct with suffice.
