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Rape by compelling sexual penetration

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Rape by compelling sexual penetration

Rape by compelling sexual penetration is a very serious offence. If you’re found guilty, you could go to prison. It’s very important that you seek expert legal advice urgently. Contact us to speak with a criminal lawyer now.

The Offence

s39 Crimes Act 1958 (Vic).

Can the prosecution prove the following?

Did you engage in any behaviour that resulted in the sexual penetration of another person without their consent or without a reasonable belief that they consented?

Alternatively, have you been subject to sexual penetration by someone who did not have your consent, or witnessed someone sexually penetrating another person or an animal without the other person’s consent or a reasonable belief that they consented?

Other considerations:

At the time of the alleged offence, did you believe that you had consent or a reasonable belief in consent?

Was the offence recently reported or did it occur in the past?

If it is the latter, the law will need to be applied retrospectively based on the laws that were in place at the time of the alleged offence.

The law has changed over the years

Over the years, there have been several amendments made to the law regarding section 39 offences. Therefore, it is crucial to apply the correct law to your case. Please refer to the information below for further details.

The Crimes Act outlines the specific criteria that must be established in order for a charge to be brought under section 39.

It is important to note that individuals who plead guilty to this offence are likely to face immediate imprisonment.

The Penalty

The highest possible punishment for this offence is Level 2 imprisonment with a maximum sentence of 25 years.

Please be aware that this offence falls under the standard sentencing regime specified in section 5B of the Sentencing Act Victoria, and the standard sentence for this offence is 10 years.

Additionally, an offence under section 39 of the Crimes Act is categorised as a category 1 offence under section 3 of the Sentencing Act, which means that section 52G of the Sentencing Act is applicable.

CRIMES ACT 1958 - SECT 39

    (1)     A person (A) commits an offence if—

        (a)     A intentionally causes another person (B)—

              (i)     to sexually penetrate A; or

              (ii)     to sexually penetrate themselves; or

              (iii)     to sexually penetrate another person (C) or an animal; or

              (iv)     to be sexually penetrated by C or by an animal; and

        (b)     B does not consent to the sexual penetration; and

        (c)     A does not reasonably believe that B consents to the sexual penetration.

    (2)     A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).

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