South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 48

48—Rape

        (1)         A person (the "offender") is guilty of the offence of rape if he or she engages, or continues to engage, in sexual intercourse with another person who—

            (a)         does not consent to engaging in the sexual intercourse; or

            (b)         has withdrawn consent to the sexual intercourse,

and the offender knows, or is recklessly indifferent to, the fact that the other person does not so consent or has so withdrawn consent (as the case may be).

Maximum penalty: Imprisonment for life.

        (2)         A person (the "offender") is guilty of the offence of rape if he or she compels a person to engage, or to continue to engage, in—

            (a)         sexual intercourse with a person other than the offender; or

            (b)         an act of sexual self-penetration; or

            (c)         an act of bestiality,

when the person so compelled does not consent to engaging in the sexual intercourse or act, or has withdrawn consent to the sexual intercourse or act, and the offender knows, or is recklessly indifferent to, the fact that the person does not so consent or has so withdrawn consent (as the case may be).

Maximum penalty: Imprisonment for life.

        (3)         In this section—

"compels"—a person compels another person if he or she controls or influences the other person's conduct by means that effectively prevent the other person from exercising freedom of choice;

"sexual self-penetration" means the penetration by a person of the person's vagina, labia majora or anus by any part of the body of the person or by any object.