Victorian Consolidated Legislation

Crimes Act 1958 - SECT 38

Rape

38. Rape





(1) A person must not commit rape.

Penalty: Level 2 imprisonment (25 years maximum).

(2) A person commits rape if-

   (a)  he or she intentionally sexually penetrates another person without
        that person's consent-

   (i)  while being aware that the person is not consenting or might not be
        consenting; or

   (ii) while not giving any thought to whether the person is not consenting
        or might not be consenting; or

   (b)  after sexual penetration he or she does not withdraw from a person who
        is not consenting on becoming aware that the person is not consenting
        or might not be consenting.

(3) A person (the offender) also commits rape if he or she compels a person-

   (a)  to sexually penetrate the offender or another person, irrespective of
        whether the person being sexually penetrated consents to the act; or

   (b)  who has sexually penetrated the offender or another person, not to
        cease sexually penetrating the offender or that other person,
        irrespective of whether the person who has been sexually penetrated
        consents to the act.

(4) For the purposes of subsection (3), a person compels another person (the
victim) to engage in a sexual act if the person compels the victim (by force
or otherwise) to engage in that act-

   (a)  without the victim's consent; and

   (b)  while-

   (i)  being aware that the victim is not consenting or might not be
        consenting; or

   (ii) not giving any thought to whether the victim is not consenting or
        might not be consenting.