The Law Handbook 2024

Chapter 3.3: Sexual offences 155 person’s consent and they do not reasonably believe that the other person consented to the penetration. A person commits a compelled rape when they intentionally cause another person to sexually penetrate them, another person or themselves without the person’s consent and they do not reasonably believe that the person consented to the penetration. (See ‘Consent’, above.) A person also commits an offence if they cause another person to sexually penetrate an animal or be sexually penetrated by an animal. Aperson sexually penetrates another or themselves when they introduce a part of their body or an object into the mouth, anus or vagina of another person or themself (s 35A Crimes Act). Rape includes ‘stealthing’ which is when a person intentionally removes the condom or tampers with the condom during sexual intercourse. Each of these crimes is punishable by up to 25 years’ imprisonment. Sexual assault There are two offences for sexual assault under sections 40 and 41 of the Crimes Act: sexual assault and sexual assault by compelling touching. A person commits a sexual assault if they intentionally sexually touch another person, without the other person’s consent, and they do not reasonably believe that the other person consented to the touching. A person commits a compelled sexual assault when they intentionally cause another person to sexually touch another without the person’s consent and they do not reasonably believe that the person consented to the touching. (See ‘Consent’, above.) Each of these crimes is punishable by up to 10 years’ imprisonment. Sexual activity with a corpse Intentionally engaging in sexual activity involving a human corpse is an offence (s 34B Crimes Act). This crime is punishable by up to five years’ imprisonment. Bestiality A person commits bestiality when they penetrate an animal’s anus or vagina, or they allow an animal to penetrate their anus or vagina (s 54A Crimes Act). This crime is punishable by up to five years’ imprisonment. Female genital mutilation Female genital mutilation (also called female circumcision and female genital cutting) is defined in the Crimes Act (s 15). It is an offence to perform female genital mutilation (s 32 Crimes Act). It is an offence to take a person, or arrange for a person to be taken, out of Victoria with the intention of having female genital mutilation performed on them (s 33 Crimes Act). Each of these crimes is punishable by up to 15 years’ imprisonment. Assault with the intent to commit a sexual offence Under the Crimes Act (s 42), a person commits this offence if they intentionally apply force to another person for the purpose of making them take part in a sexual act they do not consent to. This crime is punishable by up to 15 years’ imprisonment. (See ss42(3A)-(3D) and see ‘Consent’, above.) Threat to commit a sexual offence Under section 43 of the Crimes Act, a person commits this offence if they threaten to rape or sexually assault a person. This crime is punishable by up to five years’ imprisonment. Procuring a sexual act by threat or fraud Under section 44 of the Crimes Act, a person commits this offence if they force someone to take part in a sexual act with them, or with another person, by threatening to harm them or another person if they do not comply. This crime is punishable by up to 10 years’ imprisonment. Under section 45 of the Crimes Act, it is an offence for a person to force someone to take part in a sexual act with them, or with another person, by making false or misleading representations. Representations can be actions or words. This crime is punishable by up to five years’ imprisonment.