Compelling 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.
Police interviewWe 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 guiltyWe 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The answer to these questions can often lead to a charge of Compelling Sexual Penetration being withdrawn before a trial or your case winning at trial.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 guiltyIf 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.
Compelling Sexual Penetration is a strictly indictable charge which means it must be heard in the County Court. If you are defending the charges, they will be heard in front of jury.
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.
LegislationThe 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 offenceBelow 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.
 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).
What are some of the possible defences to a Compelling Sexual Penetration charge?
- The other person consented.
- There was no sexual penetration.
Questions in cases like this
- How can they prove that the sex was forced?
- Can they prove there was sexual penetration?
“What actually happened?”
Compelling Sexual Penetration has a maximum sentence of 25 years imprisonment.
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.
- Abduction of a Child Under the Age of 16 for a Sexual Purpose
- Abduction or Detention for a Sexual Purpose
- Administration of Drugs for a Sexual Purpose
- Assault with Intent to Commit a Sexual Offence
- Compelling Sexual Penetration
- Distribution of Intimate Image
- Furnish False or Misleading Information (Sex Offender Registry)
- Indecent Act In the Presence of a Child Under the Age of 16
- Indecent Assault
- Intentionally Visually Capture Another Person’s Genital or Anal Region
- Involving a Child in the Production of Child Abuse Material
- Loitering Near Schools By a Sexual Offender
- Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry)
- Persistent Sexual Abuse of a Child Under 16
- Possession of Child Abuse Material
- Procuring a Sexual Act By Fraud
- Procuring a Sexual Act By Threat
- Production of Child Pornography
- Sexual Activity Directed at Another Person
- Sexual Assault By Compelling Sexual Touching
- Sexual Assault
- Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs
- Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.
- Sexual Penetration of 16 or 17 Year Old Child
- Sexual Penetration of a Child Under 16
- Sexual Servitude
- Threat to Commit Sexual Offence
- Threat to Distribute Intimate Image