Compelling Sexual Penetration

Author: Dee Giannopoulos

Practice area: Sex Offences

Dee is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist, recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026), with extensive experience in adult and child sex offence matters. Her depth of experience in this area means clients receive accurate, considered advice.

View full profile →

Dee authored this content and last revised it for accuracy on 5th August 2026.

What is the offence of Compelling Sexual Penetration?

Compelling Sexual Penetration is an offence under section 39 of the Crimes Act 1958 (Vic). It involves intentionally forcing another person, using threats, to engage in sexual penetration (including of the accused, themselves, another person, or an animal) without consent and without a reasonable belief in consent.

Key points

Prosecution must prove intentional causing, no consent, and no reasonable belief in consent.
Sexual penetration can involve the accused, the other person, a third person, or an animal.

The maximum penalty for Compelling Sexual Penetration is 25 years imprisonment.

Common defences may include Consent; no sexual penetration.

Have you been accused of Compelling Sexual Penetration? Do you need to ask a criminal lawyer some questions? We will help you by answering your important legal questions in confidence.

Ask us your questions as we specialise in dealing with allegations of a sexual nature such as Compelling Sexual Penetration.

Police interview

We will advise you what your rights are when dealing with the Police in relation to a charge of Compelling Sexual Penetration.

This advice will include how to conduct a Police interview. You may want to know – should I make a statement to the Police? Should I attend a Police interview? Do I need to give my DNA? Will the Police leave me alone if I explain my side of the story? Do I need to hand over my mobile phone? Will I be remanded?/

If the Police want to speak with you about an allegation of Compelling Sexual Penetration, you call us straight away.

Our lawyers can also attend the Police station with you. We can support you in a Police interview to make sure you do not say or do anything that may harm your defence.

Pleading not guilty

We know how to run successful defences to charges of Compelling Sexual Penetration and can prepare the best defence strategy for you.

We have successfully stopped the Police from charging people with sex matters by strategic pre-charge work.

Being accused of Compelling Sexual Penetration is serious because it involves threats. An allegation of Compelling Sexual Penetration can negatively impact your reputation, your employment, your ability to parent your children and ability to travel.

In a case like this, you want a lawyer who is going to stand up for your rights with the Police – what are the threats? What evidence is there of threats? Are there people who the Police have not spoken to who can shed some light on this case? Is there exonerating evidence which needs to be preserved? Was there actually consent?

The answer to these questions can often lead to a charge of Compelling Sexual Penetration being withdrawn before a trial or your case winning at trial.

Pleading guilty

If you are pleading guilty to Compelling Sexual Penetration, we can prepare your plea to get you the possible outcome. We will organise reports from experts to explain how you came to offend in this way. This preparation can change the outcome for you.

Contact an expert in charges of Compelling Sexual Penetration on (03) 9670 5111.
We provide a free first phone conference.
Download our free booklet to learn more about the Investigation and Court process.

Which court will the case be heard in?

A charge of compelling sexual penetration (s 39 Crimes Act 1958 (Vic)) is ordinarily tried in the County Court of Victoria.

Examples of Compelling Sexual Penetration

Someone forces another person to sexually penetrate themselves with an object by threatening the other person with violence.
Someone forces another to give them oral sex by threatening violence.

What is the legal definition of Compelling Sexual Penetration?

The legal definition of Compelling Sexual Penetration is when somebody forces another person to have sex with themselves, a person, or an animal.

Legislation

The section that covers this offence is 39 of the Crimes Act 1958.

Rape By Compelling Sexual Penetration
A person (A) commits an offence if—
A intentionally causes another person (B)—
to sexually penetrate A; or
to sexually penetrate themselves; or
to sexually penetrate another person (C) or an animal; or
to be sexually penetrated by C or by an animal; and
B does not consent to the sexual penetration; and
A does not reasonably believe that B consents to the sexual penetration.
A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).¹

Elements of the offence

Below are the elements of the offence of Compelling Sexual Penetration:

The accused (A) intentionally caused a person (V) to sexually penetrate A; or
The accused (A) intentionally caused a person (V) to sexually penetrate themselves; or
The accused (A) intentionally caused a person (V) to sexually penetrate another person (P) or an animal; or
The accused (A) intentionally caused a person (V) to be sexually penetrated by another person (P) or by an animal; and
The person (V) did not consent to the sexual penetration; and
The accused did not reasonably believe that the person (V) consented to the sexual penetration.

What are some of the possible defences to a Compelling Sexual Penetration charge?

The other person consented.
There was no sexual penetration.

There are other possible defences depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

How can they prove that the sex was forced?
Can they prove there was sexual penetration?

What actually happened?

Maximum penalty for section 39 of the Crimes Act 1958

Compelling Sexual Penetration has a maximum sentence of 25 years imprisonment.

Sentencing

Pleading guilty to Compelling Sexual Penetration will result in a term of imprisonment as this is a class 1 offence. Courts sentence these types of cases sternly because it is normally committed with the use of violence or threatened violence (DPP v Meharry [2017] VCC 299). This means that the Court has no discretion and must impose a prison sentence.

The length of the sentence can be reduced if you suffer from a mental impairment of if there are ‘substantial and compelling circumstances that are rare and exceptional and that justify doing so’. It is, therefore, important to get proper and full instructions from you early to explore whether or not you suffer a mental impairment and organise for a comprehensive expert report.

The Supreme Court of Victoria said in the case of R v Verdins (2007) 16 VR 269 that people who suffer from a mental impairment are not as morally culpable as someone who is of sound mind at the time of the wrong-doing.

FAQs for Compelling Sexual Penetration

What does the prosecution have to prove for compelling sexual penetration?

The prosecution must prove the accused intentionally caused the other person to engage in sexual penetration, the other person did not consent, and the accused did not reasonably believe the other person consented. The “causing” element includes causing the other person to sexually penetrate the accused, themselves, another person, or an animal, or to be sexually penetrated by another person or an animal.

What are examples of compelling sexual penetration?

Examples include forcing another person to sexually penetrate themselves with an object by threatening violence, or forcing a person to give oral sex by threatening violence. These examples reflect the type of alleged coercion (threats) and sexual act that may be relied on to prove the offence.

If someone pleads guilty to compelling sexual penetration, does the court have to impose imprisonment?

Pleading guilty to compelling sexual penetration results in a term of imprisonment because it is a class 1 offence, meaning the court must impose a prison sentence. Sentence length can be reduced in limited circumstances, including where there is a mental impairment or where there are substantial and compelling circumstances that are rare and exceptional.

Do I need a lawyer if charged with compelling sexual penetration?

Yes, if you are charged with compelling sexual penetration in Victoria, it is vital to seek legal advice. An experienced criminal lawyer can guide you through interviews, evidence, and court appearances.

Can compelling sexual penetration charges be withdrawn before trial?

Yes, charges of compelling sexual penetration may sometimes be withdrawn before trial if the prosecution evidence is weak. Defence lawyers often negotiate with prosecutors to discontinue weak cases.

What defences apply to compelling sexual penetration charges in Victoria?

Defences discussed include that the other person consented, or that there was no sexual penetration. Other defences may arise depending on the circumstances of the alleged offending. Whether a defence is available depends on the specific facts and evidence in the case.

Can I get bail for compelling sexual penetration charges in Victoria?

Bail can usually be sought if charged with compelling sexual penetration. Success depends on the seriousness of the charge and your personal circumstances. Lawyers prepare strong bail applications to maximise release chances.

How long do compelling sexual penetration cases take in court?

The length of a compelling sexual penetration case in Victoria depends on its complexity and whether it goes to trial. Cases may last months or longer, especially if contested in higher courts.

Do you represent clients for compelling sexual penetration in Melbourne courts?

Yes, Doogue + George regularly represent clients charged with compelling sexual penetration in Melbourne and regional courts. Our team provides expert defence and tailored strategies.

What experience do Doogue + George have with compelling sexual penetration cases?

Doogue + George Defence Lawyers have extensive experience with compelling sexual penetration cases, including high-profile matters. We bring decades of expertise to defending clients in Victoria.

_{[1] Australian legal Information Institute. “Crimes Act 1958 – Section 39: Rape By Compelling Sexual Penetration.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s39.html (accessed June 17, 2020).}

< Back to Sex Offences

< Back to A -Z of Offences