Victorian Consolidated Legislation

Crimes Act 1958 - SECT 35

Definitions

35. Definitions



(1) In Subdivisions (8A) to (8G)-

de facto spouse means a person who is living with a person of the opposite sex
as if they were married although they are not; domestic partner of a person
means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);



sexual penetration means-

   (a)  the introduction (to any extent) by a person of his penis into the
        vagina, anus or mouth of another person, whether or not there is
        emission of semen; or

   (b)  the introduction (to any extent) by a person of an object or a part of
        his or her body (other than the penis) into the vagina or anus of
        another person, other than in the course of a procedure carried out in
        good faith for medical or hygienic purposes;

vagina includes-

   (a)  the external genitalia; and

   (b)  a surgically constructed vagina.

(1A) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.

(2) For the purposes of Subdivisions (8B) to (8E) both the person who sexually
penetrates another person and the other person are taking part in an act of
sexual penetration.