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CRIMES ACT 1900 - SECT 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 alleged
offender intentionally or recklessly inflicts actual bodily harm on the
alleged victim 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
alleged offender threatens to inflict actual bodily harm on the alleged victim
or any other person who is present or nearby by means of an
offensive weapon or instrument, or
(c) the alleged offender is in the company
of another person or persons, or
(d) the alleged victim is under the age of
16 years, or
(e) the alleged victim is (whether generally or at the time of
the commission of the offence) under the authority of the alleged offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged
victim has a cognitive impairment.
"self-manipulation" means the penetration of the vagina (including a
surgically constructed 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.
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