Victorian Numbered Acts Victorian Numbered ActsFor Subdivision (8A) of Division 1 of Part I of the Crimes Act 1958 substitute —
In this Subdivision—
"animal" means any animal (other than a human being), whether vertebrate or not;
"consent"—see section 34C;
"sexual", in relation to touching—see section 37E;
"sexual penetration"—see section 37D;
"take part in a sexual act"—see section 37F;
"touching"—see section 37E;
"vagina" includes—
(a) the external genitalia; and
(b) a surgically constructed vagina.
(1) A person (A) sexually penetrates another person (B) if—
(a) A introduces (to any extent) a part of A's body or an object into B's vagina; or
(b) A introduces (to any extent) a part of A's body or an object into B's anus; or
(c) A introduces (to any extent) their penis into B's mouth; or
(d) A, having introduced a part of A's body or an object into B's vagina, continues to keep it there; or
(e) A, having introduced a part of A's body or an object into B's anus, continues to keep it there; or
(f) A, having introduced their penis into B's mouth, continues to keep it there.
(2) A person (A) also sexually penetrates another person (B) if—
(a) A causes another person to sexually penetrate B; or
(b) A causes B to take part in an act of bestiality within the meaning given by paragraph (b) or (d) of section 59(2).
(3) A person sexually penetrates themselves if—
(a) the person introduces (to any extent) a part of their body or an object into their own vagina; or
(b) the person introduces (to any extent) a part of their body or an object into their own anus; or
(c) having introduced a part of their body or an object into their own vagina, they continue to keep it there; or
(d) having introduced a part of their body or an object into their own anus, they continue to keep it there.
(4) A person sexually penetrates an animal if—
(a) the person introduces (to any extent) a part of their body or an object into the animal's vagina; or
(b) the person introduces (to any extent) a part of their body or an object into the animal's anus; or
(c) the person introduces (to any extent) their penis into the animal's mouth; or
(d) having introduced a part of their body or an object into the animal's vagina, the person continues to keep it there; or
(e) having introduced a part of their body or an object into the animal's anus, the person continues to keep it there; or
(f) having introduced their penis into the animal's mouth, the person continues to keep it there.
(5) For sexual penetration by the use of a penis, it does not matter whether or not there is emission of semen.
Note
References to A and B are included to help readers understand the definition of sexual penetration. The same technique is used in the offence provisions involving sexual penetration. This does not mean that A and B in this section are the same persons as A and B in the offence provisions.
(1) Touching may be done—
(a) with any part of the body; or
(b) with anything else; or
(c) through anything, including anything worn by the person doing the touching or by the person touched.
(2) For the purposes of this Subdivision, if a person (A) causes another person (B) to be touched by a third person or an animal, A is the person doing the touching of B.
(3) Touching may be sexual due to—
(a) the area of the body that is touched or used in the touching, including (but not limited to) the genital or anal region, the buttocks or, in the case of a female, the breasts; or
(b) the fact that the person doing the touching seeks or gets sexual gratification from the touching; or
(c) any other aspect of the touching, including the circumstances in which it is done.
For the purposes of section 42 a person takes part in a sexual act if—
(a) the person is sexually penetrated or sexually touched—
(i) by another person; or
(ii) by an animal; or
(b) the person sexually penetrates or sexually touches—
(i) another person; or
(ii) themselves; or
(iii) an animal.
(1) For the purposes of this Subdivision, whether or not a person reasonably believes that another person is consenting to an act depends on the circumstances.
(2) Without limiting subsection (1), the circumstances include any steps that the person has taken to find out whether the other person consents or, in the case of an offence against section 42(1), would consent to the act.
(1) In determining whether a person who is intoxicated has a reasonable belief at any time—
(a) if the intoxication is self-induced, regard must be had to the standard of a reasonable person who is not intoxicated and who is otherwise in the same circumstances as that person at the relevant time; and
(b) if the intoxication is not self-induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as that person and who is in the same circumstances as that person at the relevant time.
(2) For the purposes of this section, intoxication is self-induced unless it came about—
(a) involuntarily; or
(b) because of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force; or
(c) from the use of a drug for which a prescription is required and that was used in accordance with the directions of the person who prescribed it; or
(d) from the use of a drug for which a prescription is not required and that was used for a purpose, and in accordance with the dosage level, recommended by the manufacturer.
(3) However, intoxication that comes about in the circumstances referred to in subsection (2)(c) or (d) is self-induced if the person using the drug knew, or had reason to believe, when taking the drug that it would significantly impair the person's judgement or control.
(1) A person (A) commits an offence if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the penetration.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
(3) A person does not commit an offence against subsection (1) if the sexual penetration is done in the course of a procedure carried out in good faith for medical or hygienic purposes.
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B) to sexually penetrate—
(i) A; or
(ii) themselves; or
(iii) a third person; or
(iv) an animal; and
(b) B does not consent to doing the act of sexual penetration; and
(c) A does not reasonably believe that B consents to doing that act.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
(3) A does not commit an offence against subsection (1) if—
(a) the sexual penetration is of a person and is caused to be done by A in the course of a procedure being carried out by A in good faith for medical or hygienic purposes; or
(b) the sexual penetration is of an animal and is caused to be done by A in the course of a procedure being carried out by A in good faith for veterinary, agricultural or scientific research purposes.
(1) A person (A) commits an offence if—
(a) A intentionally touches another person (B); and
(b) the touching is sexual; and
(c) B does not consent to the touching; and
(d) A does not reasonably believe that B consents to the touching.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the touching was not sexual.
(4) A person does not commit an offence against subsection (1) if the touching is done in the course of a procedure carried out in good faith for medical or hygienic purposes.
Note
An offence against subsection (1) may be heard and determined summarily by the Magistrates' Court if section 29 of the Criminal Procedure Act 2009 is satisfied. See section 28 of the Criminal Procedure Act 2009 .
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B) to touch—
(i) A; or
(ii) themselves; or
(iii) a third person; or
(iv) an animal; and
(b) the touching is sexual; and
(c) B does not consent to the touching; and
(d) A does not reasonably believe that B consents to the touching.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the touching was not sexual.
(4) A person does not commit an offence against subsection (1) if—
(a) the touching is of a person and is caused to be done by A in the course of a procedure being carried out by A in good faith for medical or hygienic purposes; or
(b) the touching is of an animal and is caused to be done by A in the course of a procedure being carried out by A in good faith for veterinary, agricultural or scientific research purposes.
Note
An offence against subsection (1) may be heard and determined summarily by the Magistrates' Court if section 29 of the Criminal Procedure Act 2009 is satisfied. See section 28 of the Criminal Procedure Act 2009 .
(1) A person (A) commits an offence if—
(a) A intentionally applies force to another person (B); and
(b) B does not consent to the application of that force; and
(c) at the time of applying that force A intends that B take part in a sexual act; and
(d) A does not reasonably believe that B would consent to taking part in that sexual act.
(2) A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).
(3) A may commit an offence against subsection (1) even if B is not aware of the application of force by A.
(4) Force for the purposes of subsection (1) may be applied—
(a) directly or indirectly; or
(b) to the body of, or to clothing
or equipment worn by, B.
s. 4
(5) In subsection (1)—
"application of force" includes—
(a) application of heat, light, electric current or any other form of energy; and
(b) application of matter in solid, liquid or gaseous form.
(1) A person (A) commits an offence if—
(a) A makes to another person (B) a threat to rape or sexually assault B or a third person (C); and
(b) A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.
(2) Words or conduct may constitute a threat for the purposes of subsection (1) if by those words or that conduct an intention to do any of the following is conveyed—
(a) to sexually penetrate or sexually touch B or C without B or C's consent;
(b) to cause B or C, without B or C's consent, to sexually penetrate or sexually touch—
(i) A; or
(ii) C or B (as the case requires); or
(iii) themselves; or
(iv) another person; or
(v) an animal.
(3) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(4) For the purposes of this section, a threat may be made by any conduct and may be explicit or implicit.
Note
An offence against subsection (1) may be heard and determined summarily by the Magistrates' Court if section 29 of the Criminal Procedure Act 2009 is satisfied. See section 28 of the Criminal Procedure Act 2009 .".