Offences in the nature of rape,
offences relating to other acts of sexual assault, &cOffences in the nature of rape, offences relating to other acts of sexual assault, &c
61H Definition of sexual intercourse etc
(1) For the purposes of sections 61H–66F, sexual intercourse means:(a) sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by:(i) any part of the body of another person, or(ii) any object manipulated by another person,except where the penetration is carried out for proper medical purposes, or(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or(c) cunnilingus, or(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).(2) For the purposes of sections 61H–66F, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person.(3) For the purposes of this Act, a person who incites a person under the age of 16 years to an act of indecency, as referred to in section 61N or 61O, is to be taken to commit an offence on the person under the age of 16 years.
Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to penal servitude for 14 years.
(1) Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to penal servitude for 20 years.(2) In this section, circumstances of aggravation means circumstances in which:(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender maliciously inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or(c) the alleged offender is in the company of another person or persons, or(d) the alleged victim is under the age of 16 years, or(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or(f) the alleged victim has a serious physical disability, or(g) the alleged victim has a serious intellectual disability.
61K Assault with intent to have sexual intercourse
Any person who, with intent to have sexual intercourse with another person:(a) maliciously inflicts actual bodily harm on the other person or a third person who is present or nearby, or(b) threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument,is liable to penal servitude for 20 years.
Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.
61M Aggravated indecent assault
(1) Any person who assaults another person in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 7 years.(2) Any person who assaults another person, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 10 years, if the other person is under the age of 10 years.(3) In this section, circumstances of aggravation means circumstances in which:(a) the alleged offender is in the company of another person or persons, or(b) the alleged victim is under the age of 16 years, or(c) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or(d) the alleged victim has a serious physical disability, or(e) the alleged victim has a serious intellectual disability.
Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 2 years.
61O Aggravated act of indecency
(1) Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.(2) Any person who commits an act of indecency with or towards a person under the age of 10 years, or incites a person under that age to an act of indecency with that or another person, is liable to imprisonment for 7 years.(3) In this section, circumstances of aggravation means circumstances in which:(a) the alleged offender is in the company of another person or persons, or(b) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or(c) the alleged victim has a serious physical disability, or(d) the alleged victim has a serious intellectual disability.
61P Attempt to commit offence under sections 61I–61O
Any person who attempts to commit an offence under section 61I, 61J, 61K, 61L, 61M, 61N or 61O is liable to the penalty provided for the commission of the offence.
(1) Question of aggravation
If on the trial of a person for an offence under section 61J, 61M or 61O the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I, 61L or 61N, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(2) Question of consent regarding alleged victim under 16
If on the trial of a person for an offence under section 61I the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66C (1) or 66C (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(3) Question of consent or authority regarding alleged victim under 16
If on the trial of a person for an offence under section 61J the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66A, 66C (1) or 66C (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(4) Question of consent regarding incest
If on the trial of a person for an offence under section 61I or 61J the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 78A or 78B, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(1) For the purposes of sections 61I and 61J, a person who has sexual intercourse with another person without the consent of the other person and who is reckless as to whether the other person consents to the sexual intercourse is to be taken to know that the other person does not consent to the sexual intercourse.(2) For the purposes of sections 61I and 61J and without limiting the grounds on which it may be established that consent to sexual intercourse is vitiated:(a) a person who consents to sexual intercourse with another person:(i) under a mistaken belief as to the identity of the other person, or(ii) under a mistaken belief that the other person is married to the person,is to be taken not to consent to the sexual intercourse, and(a1) a person who consents to sexual intercourse with another person under a mistaken belief that the sexual intercourse is for medical or hygienic purposes is taken not to consent to the sexual intercourse, and(b) a person who knows that another person consents to sexual intercourse under a mistaken belief referred to in paragraph (a) or (a1) is to be taken to know that the other person does not consent to the sexual intercourse, and(c) a person who submits to sexual intercourse with another person as a result of threats or terror, whether the threats are against, or the terror is instilled in, the person who submits to the sexual intercourse or any other person, is to be regarded as not consenting to the sexual intercourse, and(d) a person who does not offer actual physical resistance to sexual intercourse is not, by reason only of that fact, to be regarded as consenting to the sexual intercourse.
(1) For the purposes of sections 61H–61U, a person is not, by reason only of age, to be presumed incapable of having sexual intercourse with another person or of having an intent to have sexual intercourse with another person.(2) Subsection (1) does not affect the operation of any law relating to the age at which a child can be convicted of an offence.
61T Offender married to victim
The fact that a person is married to a person:(a) upon whom an offence under section 61I, 61J or 61K is alleged to have been committed is no bar to the firstmentioned person being convicted of the offence, or(b) upon whom an offence under any of those sections is alleged to have been attempted is no bar to the firstmentioned person being convicted of the attempt.
61U Circumstances of certain sexual offences to be considered in passing sentence
Where a person is convicted of:(a) both an offence under section 61I and an offence under section 61K, or(b) both an offence under section 61J and an offence under section 61K,whether at the same time or at different times, the Judge passing sentence on the person in respect of the two convictions or the later of the two convictions is required, if it appears that the two offences arose substantially out of the one set of circumstances, to take that fact into account in passing sentence.
(1) “Carnal knowledge” shall, in every case under this Act, be deemed complete upon proof of penetration only.(2) In this Act, carnal knowledge includes sexual connection occasioned by the penetration of the anus of a female by the penis of any person, or the continuation of that sexual connection.
63 Common law offences of rape and attempted rape abolished
The common law offences of rape and attempted rape are abolished.
64 Trial for rape—verdict of carnal knowledge
Where on the trial of a person for rape committed before the commencement of Schedule 1 to the Crimes (Sexual Assault) Amendment Act 1981, the jury are satisfied that the female was a girl under the age of sixteen years, but above the age of ten years, and that the accused had carnal knowledge of her, but are not satisfied that carnal knowledge was had without her consent, they may acquit him of the rape charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.
65A Sexual intercourse procured by intimidation, coercion and other non-violent threats
(1) In this section:non-violent threat means intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.
(2) Any person who has sexual intercourse with another person shall, if the other person submits to the sexual intercourse as a result of a non-violent threat and could not in the circumstances be reasonably expected to resist the threat, be liable to penal servitude for 6 years.(3) A person does not commit an offence under this section unless the person knows that the person concerned submits to the sexual intercourse as a result of the non-violent threat.
66 Procuring etc carnal knowledge by fraud
Whosoever:by any false pretence, false representation, or other fraudulent means, or by the use of any intoxicating drug, induces, or procures, a woman to have illicit carnal connection with a man, or by any such means has such connection with a woman, or
shall be liable to penal servitude for fourteen years.having by his language or conduct induced any woman to believe that he is her husband, when in fact he is not, has carnal knowledge of such woman with her consent while she is under such belief,
66A Sexual intercourse—child under 10
Any person who has sexual intercourse with another person who is under the age of 10 years shall be liable to penal servitude for 20 years.
66B Attempting, or assaulting with intent, to have sexual intercourse with child under 10
Any person who attempts to have sexual intercourse with another person who is under the age of 10 years, or assaults any such person with intent to have sexual intercourse, shall be liable to penal servitude for 20 years.
66C Sexual intercourse—child between 10 and 16
(1) Any person who has sexual intercourse with another person who is of or above the age of 10 years, and under the age of 16 years, shall be liable to penal servitude for 8 years.(2) Any person who has sexual intercourse with another person who:(a) is of or above the age of 10 years, and under the age of 16 years, and(b) is (whether generally or at the time of the sexual intercourse only) under the authority of the person,shall be liable to penal servitude for 10 years.
66D Attempting, or assaulting with intent, to have sexual intercourse with child between 10 and 16
Any person who attempts to commit an offence under section 66C upon another person who is of or above the age of 10 years, and under the age of 16 years, or assaults any such person with intent to commit such an offence, shall be liable to the penalty provided for the commission of the offence.
(1) Where on the trial of a person for an offence under section 66A the jury is not satisfied that the other person upon whom the offence was alleged to have been committed was under the age of 10 years, but is satisfied that:(a) the other person was under the age of 16 years, and(b) the accused had sexual intercourse with the other person,it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (1), and the accused shall be liable to punishment accordingly.(2) Where on the trial of a person for an offence under section 66A the jury is not satisfied that the other person upon whom the offence was alleged to have been committed was under the age of 10 years or that the accused had sexual intercourse with the other person, but is satisfied that:(a) the other person was under the age of 16 years, and(b) the accused is guilty of an offence under section 66D,it may find the accused not guilty of the offence charged but guilty of an offence under section 66D, and the accused shall be liable to punishment accordingly.(3) Where on the trial of a person for an offence under section 66A the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66B, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(4) Where on the trial of a person for an offence under section 66C the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66D, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
66F Sexual intercourse—intellectual disability
(1) In this section:intellectual disability means an appreciably below average general intellectual function that results in the person requiring supervision or social habilitation in connection with daily life activities.
(2) Any person who has sexual intercourse with another person who:(a) has an intellectual disability, and(b) is (whether generally or at the time of the sexual intercourse only) under the authority of the person in connection with any facility or programme providing services to persons who have intellectual disabilities,shall be liable to penal servitude for 10 years.(3) Any person who has sexual intercourse with another person who has an intellectual disability, with the intention of taking advantage of the other person’s vulnerability to sexual exploitation, shall be liable to penal servitude for 8 years.(4) Any person who attempts to commit an offence under this section upon another person who has an intellectual disability shall be liable to the penalty provided for the commission of the offence.(5) A person does not commit an offence under this section unless the person knows that the person concerned has an intellectual disability.(6) No prosecution for an offence against this section shall be commenced without the approval of the Attorney General.
69 Trial for carnal knowledge—girl in fact over 10
Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, and that the accused had carnal knowledge of such girl, they may acquit him of the offence charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.
70 Trial for carnal knowledge—verdict of assault with intent
Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, but are not satisfied that the accused had carnal knowledge of the girl, and are satisfied that he was guilty of an offence under section 72, they may acquit him of the offence charged and find him guilty of an offence under the said last-mentioned section, and he shall be liable to punishment accordingly.
73 Carnal knowledge by teacher etc
Whosoever, being a schoolmaster or other teacher, or a father, or step-father, unlawfully and carnally knows any girl of or above the age of 16 years, and under the age of 17 years, being his pupil, or daughter, or step-daughter, shall be liable to penal servitude for 8 years.
Whosoever, being a schoolmaster or other teacher, or a father, or step-father, by any means attempts unlawfully and carnally to know any girl of or above the age of 16 years, and under the age of 17 years, being his pupil, or daughter, or step-daughter, or assaults any such girl with intent carnally to know her, shall be liable to penal servitude for 8 years.
Nothing in section 73 or section 74 as respectively in force before the commencement of Schedule 2 to the Crimes (Child Assault) Amendment Act 1985 shall prevent such schoolmaster, teacher, father or step-father from being prosecuted under section 71 or 72.
77 Consent no defence in certain cases
(1) Except as provided by subsection (2), the consent of the child or other person to whom the charge relates shall be no defence to a charge under section 61E (1A), (2) or (2A), 61M (2), 61N or 61O, 66A, 66B, 66C, 66D, 66F, 67, 68, 71, 72, 72A, 73, 74 or 76A or, if the child to whom the charge relates was under the age of 16 years at the time the offence is alleged to have been committed, to a charge under section 61E (1), 61L, 61M (1) or 76.(2) It shall be a sufficient defence to a charge which renders a person liable to be found guilty of an offence under section 61E (1A), (2) or (2A), 61N, 61O, 66C, 66D, 71, 72 or 76A or, if the child to whom the charge relates was under the age of 16 years at the time the offence is alleged to have been committed, to a charge under section 61E (1), 61L, 61M (1) or 76 if the person charged and the child to whom the charge relates are not both male and it is made to appear to the court or to the jury before whom the charge is brought that:(a) the child to whom the charge relates was over the age of 14 years at the time the offence is alleged to have been committed,(b) the child to whom the charge relates consented to the commission of the offence, and(c) the person so charged had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the child to whom the charge relates was of or above the age of 16 years.
77A Proceedings in camera in certain cases
(1) This section applies to:(a) a prescribed sexual offence,(b) an offence under section 63, 65, 66, 67, 68, 71, 72, 72A, 73, 74, 76, 76A, 78M, 78N, 78O, 78Q, 91D, 91E, 91F or 91G, and(c) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (b).(2) Any proceedings, or any part of any proceedings, in respect of an offence to which this section applies shall, if the Court so directs, be held in camera.(3) If the Court makes a direction under this section, it may (either absolutely or subject to conditions) exempt any person from that direction to the extent necessary to allow that person to be present as a support for a person giving evidence or for any other purpose which the Court thinks fit.(4) The Court may make a direction under this section on its own motion or at the request of any party.(5) In determining whether to make a direction under this section the Court shall consider:(a) the need of the complainant to have any person excluded from those proceedings,(b) the need of the complainant to have any person present in those proceedings,(c) the interests of justice, and(d) any other matter which the Court thinks relevant.(6) In this section:complainant, in relation to any proceedings, means the person, or any of the persons, upon whom the offence with which the accused person stands charged in those proceedings, is alleged to have been committed and includes:
(a) in relation to an offence under section 91D, 91E or 91F, the person under the age of 18 years who is alleged to have participated in an act of child prostitution, and(b) in relation to an offence under section 91G, the person under the age of 18 years who is alleged to have been employed for pornographic purposes.
Whosoever, being a male, has carnal knowledge of a female of or above the age of 16 years who is his mother, sister, daughter, or granddaughter, or being a female of or above the age of sixteen years, with her consent permits her grandfather, father, brother, or son to have carnal knowledge of her (whether in any such case the relationship is of half or full blood, or is or is not traced through lawful wedlock) shall be liable to penal servitude for seven years.
Whosoever, being a male, attempts to commit any offence under section 78A, shall be liable to imprisonment for two years.
(1) It shall be a sufficient defence to a charge under section 78A or section 78B that the person charged did not know that the person with whom the offence is alleged to have been committed was related to him or her, as alleged.(2) It shall be no defence to a charge under section 78A or section 78B that the person with whom the offence is alleged to have been committed consented thereto.
78D Removal from guardianship etc
On the conviction of a father or step-father of an offence under section 73 or section 74 or of a male person of an offence under section 72A or under section 78A or under section 78B, the court may divest the offender of all authority over the female with whom the offence has been committed and, if the offender is the guardian of such female, may remove the offender from such guardianship, and in any such case may appoint any person or persons to be the guardian or guardians of such female during her minority, or for any greater or less period.
78E Rape or attempt—verdict of incest or attempt
If on the trial of any male person for an offence under section 63 or 65 the jury are not satisfied that he is guilty of the offence charged, but are satisfied that he is guilty of an offence under section 78A or under section 78B, they may acquit such person of the offence charged, and find him guilty of an offence under section 78A or under section 78B, and he shall be liable to punishment accordingly.
78F Sanction of Attorney-General
(1) No prosecution for an offence under sections 78A or 78B shall be commenced without the sanction of the Attorney-General.(2) All proceedings under the said sections shall be held in camera.
78G Definition of “homosexual intercourse” for sections 78H–78Q
In sections 78H–78Q, homosexual intercourse means:(a) sexual connection occasioned by the penetration of the anus of any male person by the penis of any person,(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another male person, or(c) the continuation of homosexual intercourse as defined in paragraph (a) or (b).
78H Homosexual intercourse with male under 10
(cf s 67)
A male person who has homosexual intercourse with a male person under the age of 10 years shall be liable to penal servitude for 25 years.
78I Attempt, or assault with intent, to have homosexual intercourse with male under 10
(cf s 68)
A male person who attempts to have homosexual intercourse with a male person under the age of 10 years, or assaults any such male person with intent to have homosexual intercourse with him, shall be liable to penal servitude for 14 years.
78J Trial for homosexual intercourse offence—male in fact between 10 and 18
(cf ss 69, 70)
(1) Where on the trial of a male person for having homosexual intercourse with a male person under the age of 10 years, the jury is satisfied that the secondmentioned person was of or above that age, but under the age of 18 years, and that the accused had homosexual intercourse with that person, it may acquit him of the offence charged and find him guilty of an offence under section 78K, and he shall be liable to punishment accordingly.(2) Where on the trial of a male person for having homosexual intercourse with a male person under the age of 10 years, the jury is satisfied that the secondmentioned person was of or above that age, but under the age of 18 years, but is not satisfied that the accused had homosexual intercourse with that person, and is satisfied that he was guilty of an offence under section 78L, it may acquit him of the offence charged and find him guilty of an offence under section 78L, and he shall be liable to punishment accordingly.
78K Homosexual intercourse with male between 10 and 18
(cf s 71)
A male person who has homosexual intercourse with a male person of or above the age of 10 years, and under the age of 18 years, shall be liable to penal servitude for 10 years.
78L Attempt, or assault with intent, to have homosexual intercourse with male between 10 and 18
(cf s 72)
A male person who attempts to have homosexual intercourse with a male person of or above the age of 10 years, and under the age of 18 years, or assaults any such male person with intent to have homosexual intercourse with him, shall be liable to penal servitude for 5 years.
78N Homosexual intercourse by teacher etc
(cf s 73)
A male person who, being a schoolmaster or other teacher, or a father, or step-father, has homosexual intercourse with any male person of or above the age of 10 years, and under the age of 18 years, being his pupil, son or step-son, shall be liable to penal servitude for 14 years.
78O Attempt, or assault with intent, to have homosexual intercourse with pupil etc
(cf s 74)
A male person who, being a schoolmaster or other teacher, or a father, or step-father, by any means attempts to have homosexual intercourse with any male person of or above the age of 10 years, and under the age of 18 years, being his pupil, son or step-son, shall be liable to penal servitude for 7 years.
(cf s 75)
Nothing in section 78N or 78O prevents a schoolmaster, teacher, father or step-father from being prosecuted under section 78K or 78L.
(cf s 81A)
(1) Any male person who commits, or is a party to the commission of, an act of gross indecency with or towards a male person under the age of 18 years shall be liable to imprisonment for 2 years.(2) Any person who solicits, procures, incites or advises any male person under the age of 18 years to commit or to be a party to the commission of an act of homosexual intercourse, or an act of gross indecency, with or towards a male person shall be liable to imprisonment for 2 years.
78R Consent no defence in certain cases
(cf s 77)
The consent of a male person the subject of the charge shall be no defence to any charge under section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q.
(cf ss 78, 78F)
(1) (Repealed)(2) No prosecution for an offence under section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q or for an offence of attempting, or of conspiracy or incitement, to commit an offence under any of those sections shall, if the accused was at the time of the alleged offence under the age of 18 years, be commenced without the sanction of the Attorney General.
Any person who commits an act of bestiality with any animal shall be liable to penal servitude for fourteen years.
80 Attempt to commit bestiality
Any person who attempts to commit an act of bestiality with any animal shall be liable to penal servitude for five years.
80A Sexual assault by forced self-manipulation
(1) In this section:self-manipulation means the penetration of the vagina of any person or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.
threat means:
(a) a threat of physical force, or(b) intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.(2) Any person who compels, by means of a threat, another person to engage in self-manipulation and the other person could not in the circumstances be reasonably expected to resist the threat, is liable to penal servitude for 14 years or, if the other person is under the age of 10 years, to penal servitude for 20 years.(3) A person does not commit an offence under this section unless the person knows that the other person engages in the self-manipulation as a result of the threat.