Victorian Consolidated Legislation

Crimes Act 1958 - SECT 38A

Compelling sexual penetration

38A. Compelling sexual penetration



(1) A person must not compel another person to take part in an act of sexual
penetration.

Penalty: Level 2 imprisonment (25 years maximum).

(2) A person (the offender) compels another person (the victim) to take part
in an act of sexual penetration if-

   (a)  the offender compels the victim to introduce (to any extent) an object
        or a part of his or her body into his or her own anus or, in the case
        of a female victim, her own vagina, other than in the course of a
        procedure carried out in good faith for medical or hygienic purposes;
        or

   (b)  the offender compels the victim to take part in an act of bestiality
        within the meaning of section 59.





(3) For the purposes of subsection (2), a person compels another person (the
victim) to take part in an act of sexual penetration 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.