What the Law states - Compelling sexual penetration

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.