New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 80A

80A Sexual assault by forced self-manipulation

(1) In this section--

"circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is under the age of 16 years, or

(e) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(f) the complainant has a serious physical disability, or

(g) the complainant has a cognitive impairment.

"self-manipulation" means the penetration of the vagina or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.

"threat" means--

(a) a threat of physical force, or

(b) intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.

(2) Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.

(2A) Any person who compels another person to engage in self-manipulation--

(a) by means of a threat that the other person could not reasonably be expected to resist, and

(b) in circumstances of aggravation,

is liable to imprisonment for 20 years.

(3) A person does not commit an offence under this section unless the person knows that the other person engages in the self-manipulation as a result of the threat.