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.

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

(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.

(a) Consent.

(c) Factual dispute.

(e) Identification dispute.

 

 

County Court.