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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 14 August 2017 to date (accessed 21 August 2017 at 16:35)
Part 3 Division 10
Division 10 Offences in the nature of rape, offences relating to other acts of sexual assault etc
61A–61G   (Repealed)
61H   Definition of “sexual intercourse” and other terms
(1)  For the purposes of this Division, sexual intercourse means:
(a)  sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) 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).
(1A)  For the purposes of this Division, a person has a cognitive impairment if the person has:
(a)  an intellectual disability, or
(b)  a developmental disorder (including an autistic spectrum disorder), or
(c)  a neurological disorder, or
(d)  dementia, or
(e)  a severe mental illness, or
(f)  a brain injury,
that results in the person requiring supervision or social habilitation in connection with daily life activities.
(2)  For the purposes of this Division, 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 another person to an act of indecency, as referred to in section 61N or 61O, is taken to commit an offence on the other person.
61HA   Consent in relation to sexual assault offences
(1) Offences to which section applies This section applies for the purposes of the offences, or attempts to commit the offences, under sections 61I, 61J and 61JA.
(2) Meaning of consent A person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.
(3) Knowledge about consent A person who has sexual intercourse with another person without the consent of the other person knows that the other person does not consent to the sexual intercourse if:
(a)  the person knows that the other person does not consent to the sexual intercourse, or
(b)  the person is reckless as to whether the other person consents to the sexual intercourse, or
(c)  the person has no reasonable grounds for believing that the other person consents to the sexual intercourse.
For the purpose of making any such finding, the trier of fact must have regard to all the circumstances of the case:
(d)  including any steps taken by the person to ascertain whether the other person consents to the sexual intercourse, but
(e)  not including any self-induced intoxication of the person.
(4) Negation of consent A person does not consent to sexual intercourse:
(a)  if the person does not have the capacity to consent to the sexual intercourse, including because of age or cognitive incapacity, or
(b)  if the person does not have the opportunity to consent to the sexual intercourse because the person is unconscious or asleep, or
(c)  if the person consents to the sexual intercourse because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or
(d)  if the person consents to the sexual intercourse because the person is unlawfully detained.
(5)  A person who consents to sexual intercourse with another person:
(a)  under a mistaken belief as to the identity of the other person, or
(b)  under a mistaken belief that the other person is married to the person, or
(c)  under a mistaken belief that the sexual intercourse is for health or hygienic purposes (or under any other mistaken belief about the nature of the act induced by fraudulent means),
does not consent to the sexual intercourse. For the purposes of subsection (3), the other person knows that the person does not consent to sexual intercourse if the other person knows the person consents to sexual intercourse under such a mistaken belief.
(6)  The grounds on which it may be established that a person does not consent to sexual intercourse include:
(a)  if the person has sexual intercourse while substantially intoxicated by alcohol or any drug, or
(b)  if the person has sexual intercourse because of intimidatory or coercive conduct, or other threat, that does not involve a threat of force, or
(c)  if the person has sexual intercourse because of the abuse of a position of authority or trust.
(7)  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.
(8)  This section does not limit the grounds on which it may be established that a person does not consent to sexual intercourse.
61I   Sexual assault
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 imprisonment for 14 years.
61J   Aggravated sexual assault
(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 imprisonment 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 intentionally or recklessly 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 cognitive impairment, or
(h)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
(i)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.
(3)  In this section, building has the same meaning as it does in Division 4 of Part 4.
61JA   Aggravated sexual assault in company
(1)  A person:
(a)  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, and
(b)  who is in the company of another person or persons, and
(c)  who:
(i)  at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(ii)  at the time of, or immediately before or after, the commission of the offence, 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
(iii)  deprives the alleged victim of his or her liberty for a period before or after the commission of the offence,
is liable to imprisonment for life.
(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.
(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4)  Nothing in this section affects the prerogative of mercy.
61K   Assault with intent to have sexual intercourse
Any person who, with intent to have sexual intercourse with another person:
(a)  intentionally or recklessly 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 imprisonment for 20 years.
61L   Indecent assault
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 16 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)    (Repealed)
(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 cognitive impairment.
61N   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 or towards that or another person, is liable to imprisonment for 2 years.
(2)  Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, is liable to imprisonment for 18 months.
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 or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.
(1A)  Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 3 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 or towards that or another person, is liable to imprisonment for 7 years.
(2A)  A person:
(a)  who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under the age of 16 years to an act of indecency with or towards that person or another person, and
(b)  who knows that the act of indecency is being filmed for the purposes of the production of child abuse material,
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3)  For the purposes subsections (1) and (1A), 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 cognitive impairment.
(4)  For the purposes of subsection (2A):
(a)  child abuse material has the meaning given by Division 15A, and
(b)  an act of indecency is being filmed if one or more images (whether still or moving) of the act of indecency are being recorded or transmitted for the purpose of enabling those images to be observed by any person (whether during the filming or later).
61P   Attempt to commit offence under sections 61I–61O
Any person who attempts to commit an offence under section 61I, 61J, 61JA, 61K, 61L, 61M, 61N or 61O is liable to the penalty provided for the commission of the offence.
61Q   Alternative verdicts
(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.
(1A) Question of aggravation in company If on the trial of a person for an offence under section 61JA 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 or 61J, it may find the person 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 (3) or 66C (4), 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 or 61JA 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 or 66C, 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.
(5) Question of consent regarding cognitive impairment If on the trial of a person for an offence under section 61I, 61J or 61JA, 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 66F, 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.
(6) Question of whether offence committed for purposes of production of child abuse material If on the trial of a person for an offence under section 61O (2A) 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 61O (2) 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.
61R   (Repealed)
61S   Offenders who are minors
(1)  For the purposes of any offence, 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, 61JA 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, or
(c)  both an offence under section 61JA 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.
62   (Repealed)
63   Common law offences of rape and attempted rape abolished
(1)  The common law offences of rape and attempted rape are abolished.
(2)  Parts 1A, 1 and 19 of Schedule 11 make provision with respect to rape and other former sexual offences.
64   
(Renumbered as clause 51 of Schedule 11)
65–66   (Repealed)
66A   Sexual intercourse—child under 10
(1)  Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.
Maximum penalty: imprisonment for life.
(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.
(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4)  Nothing in this section affects the prerogative of mercy.
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 imprisonment for 25 years.
66C   Sexual intercourse—child between 10 and 16
(1) Child between 10 and 14 Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.
(2) Child between 10 and 14—aggravated offence Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.
(3) Child between 14 and 16 Any person who has sexual intercourse with another person who is of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.
(4) Child between 14 and 16—aggravated offence Any person who has sexual intercourse with another person who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.
(5)  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 intentionally or recklessly 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 (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(e)  the alleged victim has a serious physical disability, or
(f)  the alleged victim has a cognitive impairment, or
(g)  the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or
(h)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or
(i)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.
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.
66E   Alternative verdicts
(1)  If 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 that the accused is guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D, it may find the accused not guilty of the offence charged but guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D. The accused is liable to punishment accordingly.
(2)    (Repealed)
(3)  If on the trial of a person for an offence under section 66C (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (1) or (3), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (1) or (3). The accused is liable to punishment accordingly.
(4)  If on the trial of a person for an offence under section 66C (1) or (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (3) or (4), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (3) or (4). The accused is liable to punishment accordingly.
(5)  If 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 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 an offence under section 66D. The accused is liable to punishment accordingly.
66EA   Persistent sexual abuse of a child
(1)  A person who, on 3 or more separate occasions occurring on separate days during any period, engages in conduct in relation to a particular child that constitutes a sexual offence is liable to imprisonment for 25 years.
(2)  It is immaterial whether or not the conduct is of the same nature, or constitutes the same offence, on each occasion.
(3)  It is immaterial that the conduct on any of those occasions occurred outside New South Wales, so long as the conduct on at least one of those occasions occurred in New South Wales.
(4)  In proceedings for an offence against this section, it is not necessary to specify or to prove the dates or exact circumstances of the alleged occasions on which the conduct constituting the offence occurred.
(5)  A charge of an offence against this section:
(a)  must specify with reasonable particularity the period during which the offence against this section occurred, and
(b)  must describe the nature of the separate offences alleged to have been committed by the accused during that period.
(6)  In order for the accused to be convicted of an offence against this section:
(a)  the jury must be satisfied beyond reasonable doubt that the evidence establishes at least 3 separate occasions, occurring on separate days during the period concerned, on which the accused engaged in conduct constituting a sexual offence in relation to a particular child of a nature described in the charge, and
(b)  the jury must be so satisfied about the material facts of the 3 such occasions, although the jury need not be so satisfied about the dates or the order of those occasions, and
(c)  if more than 3 such occasions are relied on as evidence of the commission of an offence against this section, all the members of the jury must be so satisfied about the same 3 occasions, and
(d)  the jury must be satisfied that the 3 such occasions relied on as evidence of the commission of an offence against this section occurred after the commencement of this section.
(7)  In proceedings for an offence against this section, the judge must inform the jury of the requirements of subsection (6).
(8)  A person who has been convicted or acquitted of an offence against this section may not be convicted of a sexual offence in relation to the same child that is alleged to have been committed in the period during which the accused was alleged to have committed an offence against this section. This subsection does not prevent an alternative verdict under subsection (10).
(9)  A person who has been convicted or acquitted of a sexual offence may not be convicted of an offence against this section in relation to the same child if any of the occasions relied on as evidence of the commission of the offence against this section includes the occasion of that sexual offence.
(10)  If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of the commission of the offence against this section, committed a sexual offence, the jury may acquit the person of the offence charged and find the person guilty of that sexual offence. The person is liable to punishment accordingly.
(11)  Proceedings for an offence against this section may only be instituted by or with the approval of the Director of Public Prosecutions.
(12)  In this section:
child means a person under the age of 18 years.
sexual offence means any of the following:
(a)  an offence under section 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 66A, 66B, 66C, 66D, 66F, 73, 74, 78H, 78I, 78K, 78L, 78N, 78O, 78Q or 80A,
(b)  an offence of attempting to commit an offence referred to in paragraph (a),
(c)  an offence under the law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraph (a) or (b).
66EB   Procuring or grooming child under 16 for unlawful sexual activity
(1) Definitions In this section:
adult person means a person who is of or over the age of 18 years.
child means a person who is under the age of 16 years.
conduct includes:
(a)  communicating in person or by telephone, the internet or other means, or
(b)  providing any computer image, video or publication.
unlawful sexual activity means an act that constitutes an offence under this Division or Division 10A, 15 or 15A (or, in the case of an act occurring outside this State, that would constitute such an offence if it occurred in this State).
(2) Procuring children An adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or
(b)  in any other case—imprisonment for 12 years.
(2A) Meeting child following grooming An adult person:
(a)  who intentionally meets a child, or travels with the intention of meeting a child, whom the adult person has groomed for sexual purposes, and
(b)  who does so with the intention of procuring the child for unlawful sexual activity with that adult person or any other person,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or
(b)  in any other case—imprisonment for 12 years.
(2B)  For the purposes of subsection (2A), a child has been groomed for sexual purposes by an adult person if, on one or more previous occasions, the adult person has engaged in conduct that exposed the child to indecent material.
(3) Grooming children An adult person:
(a)  who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance, and
(b)  who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 12 years, or
(b)  in any other case—imprisonment for 10 years.
(4) Unlawful sexual activity need not be particularised In any proceedings for an offence against this section, it is necessary to prove that the child was or was to be procured for unlawful sexual activity, but it is not necessary to specify or to prove any particular unlawful sexual activity.
(5) Fictitious children A reference in this section to a child includes a reference to a person who pretends to be a child if the accused believed that the person was a child. In that case, a reference in this section:
(a)  to unlawful sexual activity includes a reference to anything that would be unlawful sexual activity if the person were a child, and
(b)  to the age of the child is a reference to the age that the accused believed the person to be.
(6) Charge for aggravated offence The higher maximum penalty under subsection (2), (2A) or (3) in the case of a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.
(7) Defence It is a defence in proceedings for an offence against this section if the accused reasonably believed that the other person was not a child.
(8) Alternative verdict If on the trial of a person charged with an offence against subsection (2) or (2A) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (3), the jury may acquit the person of the offence charged and find the person guilty of an offence against subsection (3). The person is liable to punishment accordingly.
66F   Sexual offences—cognitive impairment
(1) Meaning of “person responsible for care” For the purposes of this section, a person is responsible for the care of a person who has a cognitive impairment if the person provides care to that person:
(a)  at a facility at which persons with a cognitive impairment are detained, reside or attend, or
(b)  at the home of that person in the course of a program under which any such facility or other government or community organisation provides care to persons with a cognitive impairment.
The care of a person with a cognitive impairment includes voluntary care, health professional care, education, home care and supervision.
(2) Sexual intercourse: person responsible for care A person:
(a)  who has sexual intercourse with a person who has a cognitive impairment, and
(b)  who is responsible for the care of that person (whether generally or at the time of the sexual intercourse),
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3) Sexual intercourse: taking advantage of impairment A person who has sexual intercourse with a person who has a cognitive impairment, with the intention of taking advantage of that person’s cognitive impairment, is guilty of an offence.
Maximum penalty: imprisonment for 8 years.
(4) Attempts A person who attempts to commit an offence under subsection (2) or (3) is guilty of an offence and liable to the penalty provided for the commission of the offence.
(5) Consent not a defence for sexual intercourse The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under subsection (2)–(4).
(6) Consent not a defence for indecent assault or act of indecency The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under section 61L, 61M (1), 61N (2) or 61O (1A) (or under section 61P in connection with such an offence) if:
(a)  the accused was responsible for the care of that person (whether generally or at the time of the conduct constituting the offence), or
(b)  the accused engaged in the conduct constituting the offence with the intention of taking advantage of that person’s cognitive impairment.
(7) Defences It is a defence to a charge for an offence under subsection (2)–(4) or an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection:
(a)  if, at the time of the conduct constituting the offence:
(i)  the accused did not know the person to whom the charge relates had a cognitive impairment, or
(ii)  the accused was married to the person to whom the charge relates or was the de facto partner of that person, or
(b)  if the act constituting the offence was carried out for any proper medical or hygienic purpose.
(8) Approval of Attorney General for prosecution A prosecution for any of the following offences may not be commenced without the approval of the Attorney General:
(a)  an offence under subsection (2)–(4),
(b)  an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection.
67, 68   (Repealed)
69   
(Renumbered as clause 52 of Schedule 11)
70   
(Renumbered as clause 53 of Schedule 11)
71–72A   (Repealed)
73   Sexual intercourse with child between 16 and 18 under special care
(1)  Any person who has sexual intercourse with another person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 16 years and under the age of 17 years,
is liable to imprisonment for 8 years.
(2)  Any person who has sexual intercourse with another person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 17 years and under the age of 18 years,
is liable to imprisonment for 4 years.
(3)  For the purposes of this section, a person (the victim) is under the special care of another person (the offender) if, and only if:
(a)  the offender is the step-parent, guardian or foster parent of the victim or the de facto partner of a parent, guardian or foster parent of the victim, or
(b)  the offender is a school teacher and the victim is a pupil of the offender, or
(c)  the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or
(d)  the offender is a custodial officer of an institution of which the victim is an inmate, or
(e)  the offender is a health professional and the victim is a patient of the health professional.
(4)  Any person who attempts to commit an offence under subsection (1) or (2) is liable to the penalty provided for the commission of the offence.
(5)  A person does not commit an offence under this section if the person and the other person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.
74–76A   (Repealed)
77   Consent no defence in certain cases
(1)  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 (1), 61O (1), (2) or (2A), 66A, 66B, 66C, 66D, 66EA, 66EB, 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)    (Repealed)
77A, 78   (Repealed)
78A   Incest
(1)  Any person who has sexual intercourse with a close family member who is of or above the age of 16 years is liable to imprisonment for 8 years.
(2)  For the purposes of this section, a close family member is a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth.
78B   Incest attempts
Any person who attempts to commit an offence under section 78A is liable to imprisonment for two years.
78C   Defences
(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   (Repealed)
78E   
(Renumbered as clause 54 of Schedule 11)
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)    (Repealed)
78G–78S   (Repealed)
78T   
(Renumbered as clause 55 of Schedule 11)
79   Bestiality
Any person who commits an act of bestiality with any animal shall be liable to imprisonment 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 imprisonment for five years.
80A   Sexual assault by forced self-manipulation
(1)  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 intentionally or recklessly 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 cognitive impairment.
self-manipulation means the penetration of the vagina (including a surgically constructed vagina) 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 another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.
(2A)  Any person who compels another person to engage in self-manipulation:
(a)  by means of a threat that the other person could not reasonably be expected to resist, and
(b)  in circumstances of aggravation,
is liable to imprisonment 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.
80AA   Referral to child protection agency
On conviction of a person for an offence under this Division, the court may refer the matter to an appropriate child protection agency if the person against whom or with whom the offence was committed is under the authority of the offender.