Alibaba, a multi billion-dollar technology company, has recently come under fire after an employee spoke out about her molestation on a work conference.

On August 7^th 2012, an 11-page self-report of an Alibaba female employee went viral on social media depicting her traumatic experience. The employee was on a business trip in Jinan City, Shandong Province. During the trip, the team leader invited a client to dinner with them after a business meeting. After being pressured by her leader to drink alcohol, she became drunk and lost consciousness. After waking up without any clothes on and no recollection of the previous night, she contacted the police.

The police investigated her situation and found via hotel surveillance, that her team leader had entered her room 4 times during the night, the longest of which lasted more than 20 minutes. The victim reported the incident to Alibaba and demanded the dismissal of her abuser. The company initially agreed upon the dismissal but after several rounds of negotiations, the company withdrew the team leader’s dismissal. The incident was then publicly exposed on social media by the victim, leading to a 2.48% decrease in Alibaba’s share price.

As a result of this international news, we will be discussing the laws surrounding sexual touching in New South Wales.

The offence of sexual touching was recently introduced to New South Wales legislation, replacing the offence of indecent assault. It was introduced with a package of reforms to modernise and enhance the coherency to sexual offences. The offence of sexual touching is punishable by a maximum of 5 years imprisonment and a maximum of 7 years, where it is an aggravated offence.

Any person who acts without consent in regards to sexual touching is guilty of an offence. This can include the intentional act of:

·         Sexual touching

·         Inciting the victim to sexually touch the alleged offender

·         Inciting a third person to sexually touch the alleged victim

·         Inciting the alleged victim to sexually touch a third person

Sexual touching is a serious criminal offence in Australia and internationally. The situation of being sexually harassed at work and elsewhere, is a growing concern. If you are accused of sexually touching another person and you believe that it was unintentional or done with consent, please contact Longton Legal’s criminal law team. We can assist you with the best legal advice, offer our negotiation with the prosecutor and appear in court on your behalf.

*Disclaimer：This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*