Section 80A Crimes Act | Forced Self Manipulation


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The Legislation

Section 80A of the Crimes Act is the offence of Forced Self Manipulation and is extracted below.

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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.