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CRIMES ACT 1900 - SECT 53 Sexual assault in the third degree

CRIMES ACT 1900 - SECT 53

Sexual assault in the third degree

    (1)     A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.

    (2)     However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.

Note     Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (3)     A person who, acting in company with any other person, unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, a third person with the intent that the firstmentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

    (4)     However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 18 years.