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Written by
Kristina Kothrakis
Criminal Defence Lawyer


Sexual Offences - VIC
Welcome to the VIC Compelling sexual penetration article page. Everything you need to know about Compelling sexual penetration according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Compelling sexual penetration

According to VIC Law for the charge of 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.

The Maximum Penalty - Compelling sexual penetration

According to VIC Law for the charge of Compelling sexual penetration,
25 years

What the Police must prove according to VIC Law for Compelling sexual penetration

(a) The accused made the victim take part in that sexual penetration without the victim's consent.

(b) The accused was aware that the victim was not consenting or might not be consenting or
did not give any thought to whether the victim was not consenting or might not be consenting.

Possible Defences under VIC Law - Compelling sexual penetration

(a) Consent.

(c) Factual dispute.

(e) Identification dispute.


 

 

In VIC which court will hear the matter - Compelling sexual penetration

County Court.

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