Abuse can arise from physical harm, sexual abuse, neglect or emotional abuse. Assault Section 43 of the Criminal Code contains a defence for teachers who use reasonable force for the correction of students. However, members should be cautious about physically dealing with a student unless another student is at risk. Male members are also particularly vulnerable to charges of sexual assault or sexual exploitation. Whether or not the student has consented is irrelevant.
Sexual assault is simply an assault that takes place in circumstances which suggest a sexual motive.
Circumstances like the part of the body touched, the nature of the touching, and the situation in which it happened are all relevant in the decision as to whether a charge will be assault or sexual assault. Members need to be sensitive to students feelings about being touched. If you think you may be charged, do not say anything or provide any account until you have had legal advice. If possible have someone else obtain the statements. The police may be unsure about whether to lay the charge.